Maville Grand Pty Ltd v Council of the City of Sydney

[2016] NSWLEC 1525

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Maville Grand Pty Ltd v Council of the City of Sydney [2016] NSWLEC 1525
Hearing dates:	Conciliation conference on 29 August, 13, 27 September, 12, 26 October 2016
Date of orders:	07 November 2016
Decision date:	07 November 2016
Jurisdiction:	Class 1
Before:	Smithson 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:	Maville Grand Pty Ltd (Applicant) Council of the City of Sydney (Respondent)
Representation:	Solicitors: Anthony Perkins, Project Lawyers (Applicant) Alex Singh, Council of the City of Sydney (Respondent)
File Number(s):	2016/00150668
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, 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. Leave is granted to the Applicant to rely on the amended plans set out in Annexure A. The parties agree that the amendments are not minor for the purposes of section 97B of the Environmental Planning and Assessment Act 1979 (NSW).

2. The Applicant is to pay the Respondent’s costs pursuant to section 97B as agreed or assessed.

3. The appeal is upheld.

4. Development consent is granted to development application No. D/2015/1358 for Stage 1 approval for 3 building envelopes containing residential and commercial uses with basement and above ground parking located at 219-231 Botany Road, Waterloo, being all that land comprised in Lot 2 DP 554372, subject to the conditions of consent in Annexure B.

…………….

Jenny Smithson

Commissioner

150668.16 - Annexure A (1.08 MB, pdf)

150668.16 - Annexure B (73.0 KB, pdf)

Amendments

05 July 2017 - Pursuant to UCPR 36.17, the slip rule, amend orders of 7 November 2016 so that it reads as follows:

Replace the existing sketch plans (Annexure A) with the attached plans that reflect those identified in the Conditions of Consent which form Annexure B to the s34 Agreement.