Newland International Investments Pty Ltd v Lane Cove Municipal Council

[2017] NSWLEC 1531

Land and Environment Court

New South Wales

Medium Neutral Citation:	Newland International Investments Pty Ltd v Lane Cove Municipal Council [2017] NSWLEC 1531
Hearing dates:	Conciliation conference on 28 August, 1, 7, 14 & 15 September 2017
Date of orders:	25 September 2017
Decision date:	25 September 2017
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:	Newland International Investments Pty Ltd (Applicant) Lane Cove Municipal Council (Respondent)
Representation:	Solicitor: Mr G Hartley, Harley Solicitors(Applicant) Ms J Corradini-Bird, Marsdens Law Group (Respondent)
File Number(s):	2017/129764
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 Condition 1(a) below the heading ‘A. Approved Development’ in Annexure ‘A’.

2. Appeal upheld; and

3. The Applicant is to pay the Respondent's costs under s.97B of the Environmental Planning Assessment Act 1979 in the agreed amount of $3,500.00.

4. Development application number DA 92/2016 for demolition of existing structures and construction of seven townhouses with associated site-works and landscaping is approved subject to the conditions in Annexure ‘A’

……………………….

Commissioner Chilcott

Annexure A (365 KB, pdf)