Parker Logan Property Pty Ltd v Waverley Council
[2015] NSWLEC 1130
•24 April 2015
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New South Wales |
Case Name: | Parker Logan Property Pty Ltd v Waverley Council |
Medium Neutral Citation: | [2015] NSWLEC 1130 |
Hearing Date(s): | Conciliation conference on 22 April 2015 |
Date of Orders: | 24 April 2015 |
Decision Date: | 24 April 2015 |
Jurisdiction: | Class 1 |
Before: | Brown C |
Decision: | See (5) below |
Catchwords: | DEVELOPMENT APPLICATION: Demolition of existing and construction of residential flat buildings; conciliation conference; agreement between the parties; orders |
Legislation Cited: | Environmental Planning and ASSESSMENT Act 1979 |
Category: | Principal judgment |
Parties: | Parker Logan Property Pty Ltd (Applicant) |
Representation: | Counsel: |
File Number(s): | 10735 of 2014 |
Publication Restriction: | No |
JUDGMENT
COMMISSIONER: This is an appeal against the refusal by Waverley Council of Development Application No DA-351/2014 for demolition of existing structures and construction of two x 3 storey residential flat buildings over a basement parking at 91 and 93 Old South Head Road, Bondi Junction.
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, 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 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.
.………….
Commissioner Brown
10735 of 2014 Brown (O) (107 KB, pdf)
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