Parker Logan Property Pty Ltd v Woollahra Municipal Council

[2016] NSWLEC 1403

Land and Environment Court

New South Wales

Medium Neutral Citation:	Parker Logan Property Pty Ltd v Woollahra Municipal Council [2016] NSWLEC 1403
Hearing dates:	Conciliation conference on 22 March, 27 April, 17, 26, 27 May, 11 July, 5, 31 August 2016
Date of orders:	08 September 2016
Decision date:	08 September 2016
Jurisdiction:	Class 1
Before:	Tuor 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) Woollahra Municipal Council (Respondent)
Representation:	Solicitors: Mr A Boskovitz, Boskovitz & Associates Solicitors (Applicant) Mr K Webber, Wilshire Webb Staunton Beattie Lawyers (Respondent)
File Number(s):	2016/00153763
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. Leave is granted to rely on the amended plans, which are the plans referred to in condition A.3 of the conditions annexed at “A”.

2. The applicant is to pay the Respondent’s costs arising under section 97B of the Environmental Planning and Assessment Act 1979, as agreed or assessed.

3. The appeal is upheld.

4. Development Application DA 607/2015/1 for the construction of two and three storey residential flat buildings with basement level car parking, excavation and landscaping at 9A Cooper Park Road, Bellevue Hill 2023 is approved subject to the conditions annexed at “A”.

…………………

Annelise Tuor

Commissioner

153763.16 Tuor (C) (826 KB, pdf)

153763.16 Tuor - Plans (10.3 MB, pdf)