Rad 1 Fire Services Pty Ltd v Canterbury-Bankstown Council

[2017] NSWLEC 1427

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Rad 1 Fire Services Pty Ltd v Canterbury-Bankstown Council [2017] NSWLEC 1427
Hearing dates:	Conciliation Conference on 23 June and 31 July 2017
Date of orders:	10 August 2017
Decision date:	10 August 2017
Jurisdiction:	Class 1
Before:	Gray C
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:	Rad 1 Fire Services Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent)
Representation:	Solicitor: Ms A Spizzo (Applicant) Mr P Jackson (Respondent)
File Number(s):	66252 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 s34(3) of the Land and Environment Court Act 1979 are:

1. The Applicant is granted leave to rely on the amended plans referred to in Condition 1 of Annexure A.

2. The Applicant is to pay the Respondent’s section 97B costs in the sum of $10,000.00 within 28 days.

3. The appeal is upheld.

4. DA 359/2016 is approved subject to the conditions found in Annexure A.

…………….

Commissioner Gray

66252.17 (Annexure A) (331 KB, pdf)

Amendments

11 August 2017 - Annexure A attached.