Platinum Property Advisors Pty Ltd v Minister for Planning

[2018] NSWLEC 1138

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Platinum Property Advisors Pty Ltd v Minister for Planning [2018] NSWLEC 1138
Hearing dates:	Conciliation conference on 15 March 2018
Date of orders:	22 March 2018
Decision date:	22 March 2018
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:	Platinum Property Advisors Pty Ltd (Applicant) Minister for Planning (Respondent)
Representation:	Counsel: Mr M Staunton (Respondent) Solicitors: Mr M Sonter, Mills Oakley (Applicant) Ms L McAndrew, Department of Planning (Respondent)
File Number(s):	2017/85735
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. Leave is granted to the Applicant to rely on the amended plans listed in condition A2 to Annexure A.

2. The SEPP 1 objections in relation to Height and Floor Space Ratio are upheld.

3. The appeal is upheld.

4. Development consent is granted to SSD 15_7064 for a mixed use development involving demolition of existing structures, construction of a part 5 and part 6 storey building comprising 45 hotel rooms, 20 residential units, commercial tenancies and wine bar and 2 levels of basement car parking at 175-177 Cleveland Street and 1-5 Woodburn Street, Redfern subject to the conditions at Annexure “A”.

……………………….

Jenny Smithson

Commissioner of the Court

Annexure A Final (461 KB, pdf)

Amendments

24 May 2018 - Pursuant to UCPR 36.17, the slip rule, amend Orders of 22 March 2018 to amend Annexure A.