Nanevski Developments Pty Ltd v Bayside Council

[2018] NSWLEC 1039

Land and Environment Court

New South Wales

Medium Neutral Citation:	Nanevski Developments Pty Ltd v Bayside Council [2018] NSWLEC 1039
Hearing dates:	Conciliation conference on 25 January 2018
Date of orders:	02 February 2018
Decision date:	02 February 2018
Jurisdiction:	Class 1
Before:	Maston AC
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:	Nanevski Developments Pty Ltd (Applicant) Bayside Council (Respondent)
Representation:	Solicitor: Mr H Kahagalle, Addisons Lawyers (Applicant) Mr J Cole, HWL Ebsworth Lawyers (Respondent)
File Number(s):	2017/139254
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. Leave is granted for the parties to rely upon the amended plans referred to in the conditions set out in Annexure “A”, copies of which are annexed and marked "B".

3. The applicant is to pay the Council's costs thrown away pursuant to section 97B of the Environmental Planning & Assessment Act 1979 in the amount of $35,000 by 25 January 2018.

4. Development Application number DA-2017/167 for the development of 45 Lawson Street, San Souci, is approved subject to the conditions set out in Annexure “A”.

……………………….

Acting Commissioner Maston

Annexure A (311 KB, pdf)

Annexure B (14.9 MB, pdf)