Principal Healthcare Finance Pty Ltd v City of Ryde Council

[2018] NSWLEC 1532

Land and Environment Court

New South Wales

Medium Neutral Citation:	Principal Healthcare Finance Pty Ltd v City of Ryde Council [2018] NSWLEC 1532
Hearing dates:	Conciliation conference on 5 October 2018
Date of orders:	09 October 2018
Decision date:	09 October 2018
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:	Principal Healthcare Finance Pty Ltd (Applicant) City of Ryde Council (Respondent)
Representation:	Solicitors: P Bean, Mills Oakley (Applicant) B Stephen, The City of Ryde (Respondent)
File Number(s):	2018/191239
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 application to modify the development consent granted by the Court on 23 May 2017 (Principal Healthcare Finance Pty Ltd v City of Ryde Council [2017] NSWLEC 1300) for Development Application LDA2014/0419 by amending condition 154 to: "Delivery and loading/unloading - hours. No deliveries, loading or unloading associated with the premises are to take place between the hours of 8pm and 7am on any day, with the exception of deliveries of bread that take place once daily prior to 7am" is approved. The modified consent is contained in Annexure 'A'.

……………………….

Jenny Smithson

Commissioner of the Court

Annexure A (C)