Prospect Road Pty Ltd v Inner West Council

[2016] NSWLEC 1391

Land and Environment Court

New South Wales

Medium Neutral Citation:	Prospect Road Pty Ltd v Inner West Council [2016] NSWLEC 1391
Hearing dates:	Conciliation conference on 24 May, 14 June 2016
Date of orders:	31 August 2016
Decision date:	31 August 2016
Jurisdiction:	Class 1
Before:	Morris 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:	PROSPECT RD PTY LTD (Applicant) INNER WEST COUNCIL (Respondent)
Representation:	Mr G McKee, McKees Legal Solutions (Applicant) Mr S Patterson, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2016/150523
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, 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 Applicant is granted leave to rely upon amended plans referred to in Condition A (1) of the attached conditions.

2. The Applicant is to pay the Respondent’s costs thrown away pursuant to s97B of the Environmental Planning and Assessment Act 1979, as agreed or assessed.

3. The appeal is upheld.

4. Development Application No. 10.2015.239.1 which was refused by the Respondent on 9 February 2016 for the demolition of existing structures and the construction of a boarding house development, including basement car parking and landscape works at 23 Prospect Road, Summer Hill is approved subject to the conditions contained in Annexure “A”.

…………….

Commissioner Morris

150523.16 Morris (C) (347 KB, pdf)

150523.16 Morris - Plans (8.06 MB, pdf)