Orico Properties Pty Ltd v Inner West Council

[2018] NSWLEC 1103

Land and Environment Court

New South Wales

Medium Neutral Citation:	Orico Properties Pty Ltd v Inner West Council [2018] NSWLEC 1103
Hearing dates:	Conciliation conference on 17 November 2017, 14 December 2017 and 2 March 2018
Date of orders:	02 March 2018
Decision date:	02 March 2018
Jurisdiction:	Class 1
Before:	O’Neill 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:	Orico Properties Pty Ltd (Applicant) Inner West Council (Respondent)
Representation:	Solicitors Mr Matt Sonter, Mills Oakley (Applicant) Mr Grant. Christmas, Apex Law (Respondent)
File Number(s):	2017/155848
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 were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders:

1. Leave is granted for the applicant to rely on the amended architectural and landscape plans listed in condition 1 of Annexure A.

2. Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the applicant is to pay the respondent’s costs agreed at $20,000.00 upon execution of this agreement.

3. The appeal is upheld.

4. Development consent is granted to DA201600150 for demolition of the existing buildings and the construction of a mixed use development on the land known as 63-81 Princes Highway St Peters, subject to the conditions at Annexure A.

……………………….

Commissioner O’Neill

Annexure A (193 KB, pdf)

Decision last updated: 02 March 2018