Prescott Architects Pty Ltd v City of Ryde Council

[2018] NSWLEC 1106

Land and Environment Court

New South Wales

Medium Neutral Citation:	Prescott Architects Pty Ltd v City of Ryde Council [2018] NSWLEC 1106
Hearing dates:	Conciliation conference on 17 January and 14 February 2018
Date of orders:	02 March 2018
Decision date:	02 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:	Prescott Architects Pty Ltd (Applicant) City of Ryde Council (Respondent)
Representation:	Solicitors: Mr Whealy, Mills Oakley (Applicant) Mr Stephen, City of Ryde Council (Respondent)
File Number(s):	2017/209342
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. Development Application No. LDA2016/0287 for construction of a part 2, part 3 storey boarding house containing 10 boarding rooms for a maximum of 18 lodgers at 118 Balaclava Road, Marsfield is approved subject to the conditions in Annexure A.

2. The appeal is upheld.

3. The applicant is to pay the Council's reasonable costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979 as agreed or assessed.

……………………….

Jenny Smithson

Commissioner of the Court

Annexure A (117 KB, pdf)