Primus DMS Pty Ltd v Georges River Council

[2017] NSWLEC 1431

Land and Environment Court

New South Wales

Medium Neutral Citation:	Primus DMS Pty Ltd v Georges River Council [2017] NSWLEC 1431
Hearing dates:	Conciliation Conference on 6 and 28 July 2017
Date of orders:	11 August 2017
Decision date:	11 August 2017
Jurisdiction:	Class 1
Before:	Martin SC
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Cases Cited:	Nil
Texts Cited:	Nil
Category:	Principal judgment
Parties:	Primus DMS Pty Ltd (Applicant) Georges River Council (Respondent)
Representation:	Mr G Green (Solicitor) (Applicant) Ms J Ware (Solicitor) (Respondent)
File Number(s):	71976 of 2017
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The appeal is upheld.

2. The applicant is granted leave to rely upon the amended plans and documents attached at Annexure “A” hereto.

3. The applicant is to pay the respondent’s costs thrown away pursuant to s 97B of the Environmental Planning and Assessment Act 1979 in the amount of $5,200 within 28 days of this agreement.

4. Development Application DA 9/2016/283/1 for alterations and additions to the approved mixed use development (DA227/2015), additional parking and other changes at 365-377 Rocky Point Road, Sans Souci is approved subject to the conditions in Annexure “B” hereto.

…………….

Rosemary Martin

Senior Commissioner

71976.17 (Annexure A).docx (5.66 MB, pdf)

71976.17 (Annexure B) (521 KB, pdf)