Nahra Properties Pty Ltd v City of Parramatta Council

[2018] NSWLEC 1505

Land and Environment Court

New South Wales

Medium Neutral Citation:	Nahra Properties Pty Ltd v City of Parramatta Council [2018] NSWLEC 1505
Hearing dates:	Conciliation conference on 21 September 2018
Date of orders:	21 September 2018
Decision date:	21 September 2018
Jurisdiction:	Class 1
Before:	Chilcott 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:	Nahra Properties Pty Ltd (Applicant) City of Parramatta Council (Respondent)
Representation:	Solicitors: S Hale, Mills Oakley (Applicant) S Hill, HWL Ebsworth Lawyers (Respondent)
File Number(s):	2017/306386
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The applicant is granted leave to amend the development application and rely on the plans referred to in Condition 1 of the conditions in Annexure A;

2. The appeal is upheld;

3. Development Application DA/152/2017 for the modification of an approved development for the demolition of existing structures and construction of two residential flat buildings containing 75 residential units with basement parking at 11-17 Shirley Street, Carlingford (the Site) is approved subject to the conditions in Annexure A.

……………………….

M Chilcott

Commissioner of the Court

Annexure A (239 KB, pdf)   Attachment A (120 KB, pdf)   Attachment B (106 KB, pdf)