Modog Pty Limited v North Sydney Council

[2016] NSWLEC 1533

Land and Environment Court

New South Wales

Medium Neutral Citation:	Modog Pty Limited v North Sydney Council [2016] NSWLEC 1533
Hearing dates:	Conciliation conference on 13 & 29 September and 18 October 2016
Date of orders:	10 November 2016
Decision date:	10 November 2016
Jurisdiction:	Class 1
Before:	Morris 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:	Modog Pty Limited (Applicant) North Sydney Council (Respondent)
Representation:	Counsel: Ms J Reid (Applicant) Mr M Fraser (Respondent)   Solicitors: Mr M Pearce, North Sydney Council (Respondent)
File Number(s):	170458 of 2016
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 file and rely on the following amended plans:

DA101J Basement 2 floor plan	Cracknell & Lonergan Architects	18.10.16
DA101J Basement 1 floor plan	Cracknell & Lonergan Architects	18.10.16
DA102J	Cracknell & Lonergan Architects	18.10.16
DA103G	Cracknell & Lonergan Architects	29.09.16
DA104G	Cracknell & Lonergan Architects	29.09.16
DA105G	Cracknell & Lonergan Architects	29.09.16
DA201J	Cracknell & Lonergan Architects	18.10.16
DA301G	Cracknell & Lonergan Architects	11.10.16
DA302G	Cracknell & Lonergan Architects	11.10.16
DA601G	Cracknell & Lonergan Architects	29.09.16

2. Pursuant to s97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent’s costs thrown away in the sum of $2,000.00, within 14 days.

3. Development consent is granted to development application no 39/2016 for demolition of an existing residential flat building and construction of a new residential flat building at 12 Lillis Street, Cammeray, subject to the conditions at Annexure “A”.

………………..

Sue Morris

Commissioner

170458.16 Plans - 12 Lillis Street Cammeray - DA-J (473 KB, pdf)

170458.2016(C) (489 KB, pdf)