Ralan Arncliffe ty Ltd v Rockdale City Council

[2015] NSWLEC 1219

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Ralan Arncliffe ty Ltd v Rockdale City Council [2015] NSWLEC 1219
Hearing dates:	Conciliation conference on 31 March 2015
Date of orders:	12 June 2015
Decision date:	12 June 2015
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: Demolition of existing structures and construction of a mixed-use development at 213 Princes Highway and 4 Wardell St Arncliff; conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Ralan Arncliffe Pty Ltd (Applicant) Rockdale City Council (Respondent)
Representation:	Counsel: Mr Christopher Gough, solicitor (Applicant) Mr John Cole, solicitor (Respondent) Solicitors: Storey & Gough Lawyers (Applicant) HWL Ebsworth Lawyers (Respondent)
File Number(s):	10795 of 2014
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the development application DA 2014/319 for the demolition of existing structures and construction of a mixed used development including 41 commercial suites, 318 residential units, Youth Centre and associated ball courts, basement parking, public reserve, landscaping, road works and torrens title subdivision creating 3 lots, including public part at 213 Princes Highway and 4 Wardell Street, Arncliffe.

2. 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”.

3. 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.

4. 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.

5. The final orders to give effect to the parties’ agreement were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

…………….

Commissioner Brown

10795 of 2014 Brown (s34O) further amended orders (464 KB, pdf)

Amendments

28 August 2015 - Further amendments to conditions

25 June 2015 - Amended conditions