Palmerston Dragon No 1 Pty Ltd v Georges River Council

[2018] NSWLEC 1499

Land and Environment Court

New South Wales

Medium Neutral Citation:	Palmerston Dragon No 1 Pty Ltd v Georges River Council [2018] NSWLEC 1499
Hearing dates:	Conciliation conference on 20 September 2018
Date of orders:	20 September 2018
Decision date:	20 September 2018
Jurisdiction:	Class 1
Before:	Bish C
Decision:	See [4] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Palmerston Dragon No 1 Pty Ltd (Applicant) Georges River Council (Respondent)
Representation:	Counsel: T To (Applicant) Dr S Berveling (Respondent) Solicitors: Mills Oakley (Applicant) Georges River Council (Respondent)
File Number(s):	2017/217105
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. Leave is granted for the Applicant to rely on the amended plans, drawings and documents as referred to in the conditions of consent at Annexure A and included at Annexure B.

2. The appeal is upheld.

3. Development Application DA9/2017/112/1 for the construction of a residential flat building comprising fifty one (51) residential dwellings and six (6) serviced apartments over three (3) levels of basement parking for sixty three (63) car parking spaces at 2 – 10 Palmerston Street, Kogarah is approved subject to the conditions in Annexure A.

4. The Clause 4.6 request prepared by Planning Ingenuity with reference 0129/18 and dated 10 September 2018 is upheld.

5. The Applicant is to pay the Respondent’s costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $84,000 on or before 30 November 2018. All previous costs orders in the proceedings are set aside.

……………………….

Sarah Bish

Commissioner of the Court

Annexure A (474 KB, pdf)

Annexure B (19.0 MB, pdf)

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Decision last updated: 02 October 2018