Lo Brothers Company Pty Limited v Inner West Council
[2018] NSWLEC 1067
•16 February 2018
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
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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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
The Appeal is upheld.
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".
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Graham Brown
Commissioner of the Court
Annexure A (185 KB, pdf)
Decision last updated: 27 February 2018
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