Partnership Constructions Pty Ltd v Liverpool City Council

[2018] NSWLEC 1161

Land and Environment Court

New South Wales

Medium Neutral Citation:	Partnership Constructions Pty Ltd v Liverpool City Council [2018] NSWLEC 1161
Hearing dates:	Conciliation conference on 14 February 2018
Date of orders:	26 March 2018
Decision date:	26 March 2018
Jurisdiction:	Class 1
Before:	O’Neill 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:	Partnership Constructions Pty Ltd (Applicant) Liverpool City Council (Respondent)
Representation:	Solicitor: Mr David Baird, Baird Lawyers (Applicant) Mr Chris Drury, Sparke Helmore Lawyers (Respondent)
File Number(s):	2017/280660
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 applicant is granted leave to rely on the approved plans referred to in Condition 1 of Annexure A.

2. The Applicant is to pay the costs of the Respondent thrown away as a result of amending the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $6,500, payable within 28 days of the date of this agreement.

3. The appeal is upheld.

4. Development consent is granted to Development Application No. DA104/2016 for the demolition of existing structures and the construction of a multi-dwelling housing development containing five x 3 bedroom dwellings and two x 2 bedroom dwellings and a basement carpark on the land described as Lots 81 and 33 in DP216018 with the street address of 13 Maxwells Avenue and 4 Devlin Street, Ashcroft subject to the conditions of consent annexed hereto and marked “A”.

……………………….

Susan O’Neill

Commissioner of the Court

Annexure A (147 KB, pdf)

Annexure B (4.45 MB, pdf)