Oxford Number 1 Pty Ltd v Rockdale City Council

[2016] NSWLEC 1245

Land and Environment Court

New South Wales

Medium Neutral Citation:	Oxford Number 1 Pty Ltd v Rockdale City Council [2016] NSWLEC 1245
Hearing dates:	Conciliation conference on 29 February and 30 May 2016
Date of orders:	15 June 2016
Decision date:	15 June 2016
Jurisdiction:	Class 1
Before:	Morris 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) Rockdale City Council (Respondent)
Representation:	Counsel: Mr J Doyle (Applicant)   Solicitors: Baker Ryan Stewart (Applicant) Ms K Law Matthews Folbigg Pty Ltd (Respondent)
File Number(s):	159520/2016
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, 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 amended plans.

2. The Appeal is upheld.

3. Development Application No 2015/426 for the conversion of the existing two-storey residential dwelling to a childcare centre with outdoor play area, accommodating 50 children and 10 staff members with associated signage, alterations to fencing and demolition of existing garage is approved subject to the conditions set out in Annexure ‘A’.

4. The Applicant is to pay the Respondent’s costs arising under s97B of the Environmental Planning and Assessment Act 1979 in the amount of $12,000 within 21 days of the date of these Orders.

…………….

Sue Morris

Commissioner

159520.2016 Morris (C) (188 KB, pdf)

159520.16 Morris _Amended Plans (12.7 MB, pdf)