Lo Brothers Company Pty Limited v Inner West Council

[2018] NSWLEC 1067

Land and Environment Court

New South Wales

Medium Neutral Citation:	Lo Brothers Company Pty Limited v Inner West Council [2018] NSWLEC 1067
Hearing dates:	Conciliation conference on 10 January 2018, 17 January 2018, 6 February 2018 and 13 February 2018
Date of orders:	16 February 2018
Decision date:	16 February 2018
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Lo Brothers Pty Limited (Applicant) Inner West Council (Respondent)
Representation:	Solicitor: Mr Damian Briggs, DG Briggs and Associates (Applicant) Mr Simon Turner, Inner West Council (Respondent)
File Number(s):	2017/196308
Publication restriction:	No

Judgment

1. COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”.

2. The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.

3. In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties.

4. The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:

1. The Appeal is upheld.

2. Development Consent is granted for Development Application number 10.2016.130.1 lodged with the Respondent for demolition of existing structures and construction of a 3 storey shop top housing development with ground floor commercial/retail and basement grade parking at 34-36 Lackey Street, Summer Hill as per the conditions set out at "Annexure A".

……………………….

Graham Brown

Commissioner of the Court

Annexure A (185 KB, pdf)