Parker Logan Property Pty Ltd v Waverley Council

[2017] NSWLEC 1341

Land and Environment Court

New South Wales

Medium Neutral Citation:	Parker Logan Property Pty Ltd v Waverley Council [2017] NSWLEC 1341
Hearing dates:	Conciliation conference on 9 June 2017
Date of orders:	30 June 2017
Decision date:	30 June 2017
Jurisdiction:	Class 1
Before:	Smithson 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:	Parker Logan Property Pty Ltd (Applicant) Waverley Council (Respondent)
Representation:	Solicitor: Mr T Boskovitz, Boskovitz & Associates Solicitors (Applicant) Mr S Patterson, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2017/54883
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 appeal is upheld.

2. Development Application No. DA 09/2017 for the change of use of the basement level to medical centre, internal alterations to unit and new lobby and lift to residential flat building at 91 Old South Head Road, Bondi Junction is approved    subject to the conditions of development consent set out in Annexure “A”.

……………………….

Commissioner Smithson

54883.17 Smithson (C) (210 KB, pdf)