Rebel MH Bent Pty Ltd v North Sydney Council

[2018] NSWLEC 1445

Land and Environment Court

New South Wales

Medium Neutral Citation:	Rebel MH Bent Pty Ltd v North Sydney Council [2018] NSWLEC 1445
Hearing dates:	Conciliation conference on 20 July 2018
Date of orders:	23 August 2018
Decision date:	23 August 2018
Jurisdiction:	Class 1
Before:	Blakely AC
Decision:	See [4] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979 North Sydney Local Environmental Plan 2013
Category:	Principal judgment
Parties:	Rebel MH Bent Pty Ltd (Applicant) North Sydney Council (Respondent)
Representation:	Solicitors: T Flaherty, Mills Oakley (Applicant) M Pearce, North Sydney Council (Respondent)
File Number(s):	2018/19113
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 Court Act are:

1. The Applicant is granted leave to rely upon the amended plans and documents as referred to in condition 1 of the conditions of consent contained in Annexure “A”.

2. The written request made, pursuant to clause 4.6 of the North Sydney Local Environmental Plan 2013, to vary the maximum height standard prepared by Brett Brown of Ingham Planning Pty Ltd dated July 2018 is upheld.

3. The appeal is upheld.

4. Development Application No. DA 404/2017 for the demolition of existing structures and construction of a new multi dwelling housing development comprising 4 dwellings and onsite parking at 1 Lower Bent Street, Neutral Bay, is approved subject to the conditions of consent contained in Annexure “A”.

……………………….

Acting Commissioner Blakely

Annexure A (198 KB, pdf)