R N and N R Tolsons Management Pty Ltd v Penrith City Council
[2018] NSWLEC 1382
•25 July 2018
Land and Environment Court
New South Wales
Medium Neutral Citation: R N & N R Tolsons Management Pty Ltd v Penrith City Council [2018] NSWLEC 1382 Hearing dates: Conciliation conference on 5 June 2018 Date of orders: 25 July 2018 Decision date: 25 July 2018 Jurisdiction: Class 1 Before: O’Neill 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: R N & N R Tolsons Management Pty Ltd (Applicant)
Penrith City Council (Respondent)Representation: Counsel:
A Pickles (Applicant)
Solicitors:
Shaddicks Lawyers (Applicant)
C Drury, Sparke Helmore Lawyers (Respondent)
File Number(s): 2018/64605 Publication restriction: Nil
Judgment
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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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
The Applicant is granted leave to amend Development Application DA/17/0579 by substituting the following plan as the plan relied upon for the purpose of the development application:
Drawing No.
Drawing Title
Revision
Prepared by
Dated
94127:DA:1
Plan of Proposed Subdivision
G
McKinlay Morgan & Associates Pty Ltd
25/6/2018
Pursuant to section 8.15 of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the costs of the Respondent thrown away as a result of amending the development application, in the agreed sum of $500 within 28 days of the date of this agreement.
The appeal is upheld.
Development application DA/17/0579 for a Torrens Title subdivision of 1 lot into 4 lots at 102 Thomas Road, Londonderry is approved subject to the conditions contained in Annexure ‘A’
………………………………
Susan O’Neill
Commissioner of the Court
Annexure A (C)
Decision last updated: 25 July 2018
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