Oxford Number 1 Pty Ltd v Canterbury-Bankstown Council

[2017] NSWLEC 1224

Land and Environment Court

New South Wales

Medium Neutral Citation:	Oxford Number 1 Pty Ltd v Canterbury-Bankstown Council [2017] NSWLEC 1224
Hearing dates:	Conciliation Conference 5 April 2017
Date of orders:	02 May 2017
Decision date:	02 May 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:	Oxford Number 1 Pty Ltd (Applicant) Canterbury – Bankstown Council (Respondent)
Representation:	G Antoniou (Applicant) Solicitors: Peter Jackson, Pikes and Verekers Lawyers (Respondent)
File Number(s):	2016/374434
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 upon the amended plans and supporting documents referred to in condition 4 of the conditions of consent in Annexure "A".

2. The appeal is upheld.

3. Development Application No. 216/2016 lodged with the Respondent on 18 May 2017 for construction of a single storey childcare centre for 38 children and 6 staff is approved subject to the conditions in Annexure "A"

…………..........

Michael Chilcott

Commissioner of the Court

374434.16 Annexure A (C) (198 KB, pdf)

Decision last updated: 03 May 2017