Planik Pty Ltd v Wollongong City Council

[2017] NSWLEC 1654

Land and Environment Court

New South Wales

Medium Neutral Citation:	PLANIK PTY LTD v WOLLONGONG CITY COUNCIL [2017] NSWLEC 1654
Hearing dates:	Conciliation conference on 4 & 25 October 2017
Date of orders:	17 November 2017
Decision date:	17 November 2017
Jurisdiction:	Class 1
Before:	Bish 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:	PLANIK PTY LIMITED (Applicant) WOLLONGONG CITY COUNCIL (Respondent)
Representation:	Solicitor: Mr R Doyle, Quorum Legal (Applicant) Mr J Reilly, Wollongong City Council (Respondent)
File Number(s):	2017/137515
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. DA-2016/16 for thirty industrial lot torrens title subdivision at Lot 11 DP 1129850, otherwise known as Lot 11 Yallah Road Yallah is determined by the grant of consent, subject to the conditions at Annexure A; and

3. The Applicant is to pay the Council’s costs thrown away in the amount of $4,200.00 within 28 days of the date of these orders.

……………………….

Commissioner Bish

137515.17 Bish - Annexure A (349 KB, pdf)