MSMG Developments Pty Ltd v Hunters Hill Council

[2018] NSWLEC 1497

Land and Environment Court

New South Wales

Medium Neutral Citation:	MSMG Developments Pty Ltd v Hunters Hill Council [2018] NSWLEC 1497
Hearing dates:	Conciliation conference on 19, 20 September 2018
Date of orders:	26 September 2018
Decision date:	26 September 2018
Jurisdiction:	Class 1
Before:	Walsh 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:	MSMG Developments Pty Ltd (Applicant) Hunters Hill Council (Respondent)
Representation:	Solicitors: G Hartley, Hartley Solicitors (Applicant) J Cole, HWL Ebsworth (Respondent)
File Number(s):	2018/91714
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 applicant is granted leave to rely on the plans listed under Part 1, Condition 2 in Annexure ‘A’.

2. The clause 4.6 request prepared by Joe Vescio dated September 2018 in relation to the height of building development standard is upheld.

3. Appeal upheld; and

4. Development application number DA20171095 for the erection of a dual occupancy and associated subdivision at 16 Barons Crescent, Hunters Hill is approved subject to the conditions in Annexure ‘A’

……………………….

Peter Walsh

Commissioner of the Court

Annexure A (C)