Pier Property Corporation v Sutherland Shire Council

[2017] NSWLEC 1201

Land and Environment Court

New South Wales

Medium Neutral Citation:	Pier Property Corporation v Sutherland Shire Council [2017] NSWLEC 1201
Hearing dates:	Conciliation conference 21 April 2017
Date of orders:	21 April 2017
Decision date:	21 April 2017
Jurisdiction:	Class 1
Before:	Chilcott 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:	Pier Property Corporation (Applicant) Sutherland Shire Council (Respondent)
Representation:	Solicitors: G Hartley, Hartley Solicitors (Applicant) J Amy, Sutherland Shire Council (Respondent)
File Number(s):	2016/243449
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 plans listed under Condition 1 in Annexure 'A' below the heading ‘1. Approved Plans and Documents’.

2. Appeal upheld; and

3. Section 96 Modification Application (MA 16/0107) for the modification to DA 15/1178 to provide 2 rooftop communal open spaces, reconfigure and relocates service cores, revise internal layouts and mix of units is approved subject to the conditions in Annexure ‘A’

…………….

Michael Chilcott

Commissioner of the Court

243449.16 Annexure A (C) (118 KB, pdf)