Marjoe Pty Ltd v City of Botany Bay Council

[2015] NSWLEC 1554

Land and Environment Court

New South Wales

Medium Neutral Citation:	Marjoe Pty Ltd v City of Botany Bay Council [2015] NSWLEC 1554
Hearing dates:	Conciliation conference on 27 November 2015
Date of orders:	15 December 2015
Decision date:	15 December 2015
Jurisdiction:	Class 1
Before:	Brown ASC
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: demolition of existing building and construction of a residential flat building, conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Marjoe Pty Ltd (Applicant) City of Botany Bay Council (Respondent)
Representation:	Counsel: Mr Jason Hones (Applicant) Mr Steven Shneider (Respondent) Solicitors: Hones Lawyers (Applicant) Houston Dearn O'Connor (Respondent)
File Number(s):	10842 of 2015
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of DA-14/263 for the demolition of an existing structure and construction of a residential flat building at 17 Rhodes Street, Hillsdale

2. 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”.

3. 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.

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

5. The final orders to give effect to the parties’ agreement were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

…………….

G T Brown

Acting Senior Commissioner

10842 of 2015 (s34O) gtb (69.2 KB, pdf)

10842 of 2015 (C) gtb (295 KB, pdf)