P K Family Investments Pty Ltd ACN 146 471 829 v Wollongong City Council
[2018] NSWLEC 1575
•05 November 2018
Land and Environment Court
New South Wales
Medium Neutral Citation: P K Family Investments Pty Ltd ACN 146 471 829 v Wollongong City Council [2018] NSWLEC 1575 Hearing dates: Conciliation conference on 30 October 2018 Date of orders: 05 November 2018 Decision date: 05 November 2018 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: P K Family Investments Pty Ltd ACN 146 471 829 (Applicant)
Wollongong City Council (Respondent)Representation: Solicitors:
P Rigg, Peter R Rigg (Applicant)
J Reilly, Wollongong City Council (Respondent)
File Number(s): 2018/152142 Publication restriction: No
Judgment
-
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”.
-
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.
-
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.
-
The final orders to give effect to the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979 are:
The appeal is upheld.
Development Application No. DA-2018/348 for a boarding house at No 477 Crown Street, Wollongong be approved subject to the conditions which are set out in Annexure “A”.
……………………….
M Chilcott
Commissioner of the Court
Annexure A (110 KB, pdf)
Decision last updated: 05 November 2018
0
0
1