MBC Property Sydney Nominees Pty Ltd ATF MBC Property Sydney Unit Trust v Sutherland Shire Council

[2016] NSWLEC 1104

Land and Environment Court

New South Wales

Medium Neutral Citation:	MBC Property Sydney Nominees Pty Ltd ATF MBC Property Sydney Unit Trust v Sutherland Shire Council [2016] NSWLEC 1104
Hearing dates:	Conciliation conference on 23 February, 8 March 2016
Date of orders:	11 March 2016
Decision date:	11 March 2016
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: construction of townhouse development; 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:	MBC Property Sydney Nominees Pty Ltd ATF MBC Property Sydney Unit Trust (Applicant) Sutherland Shire Council (Respondent)
Representation:	Mr G McKee, McKees Legal Solutions (Applicant) Ms J Amy, Sutherland Shire Council (Respondent)
File Number(s):	11209 of 2015
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of Development Application No. DA15/1385 construction of 9 townhouse development with basement car parking at 12-16 Durbar Avenue, Kirrawee.

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

Commissioner

11209 of 2015 - Order (8.02 KB, pdf)

11209 of 2015 - Annexure A (110 KB, pdf)