Modog Pty Ltd v North Sydney Council

[2017] NSWLEC 1755

Land and Environment Court

New South Wales

Medium Neutral Citation:	Modog Pty Ltd v North Sydney Council [2017] NSWLEC 1755
Hearing dates:	Conciliation conference on 4 & 22 December 2017
Date of orders:	22 December 2017
Decision date:	22 December 2017
Jurisdiction:	Class 1
Before:	Martin SC
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 Ltd (Applicant) North Sydney Council (Respondent)
Representation:	Solicitors: Ms R McCulloch, Pikes Lawyers (Applicant) Mr S Schneider, Houston Dearn O’Connor (Respondent)
File Number(s):	2017/292653
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 make, 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. The appeal is upheld.

2. Approval is given to the modification of the development consent granted by Council on 28 March 2017 for external alterations and repairs, demolition works and business/building identification signage on land at 317 Pacific Highway North Sydney, to modify the consent and conditions in accordance with Annexure ‘A’ hereto.

3. As a consequence of order 2, the development consent granted by Council on 28 March 2017 is now subject to the consolidated, modified conditions of development consent set out in Annexure ‘B’ hereto.

……………………….

Senior Commissioner Martin

Annexure A (C) (192 KB, pdf)

Annexure B (C) (269 KB, pdf)