Saleh Constructions No 2 P/L v Liverpool City Council

[2016] NSWLEC 1647

Land and Environment Court

New South Wales

Medium Neutral Citation:	Saleh Constructions No 2 P/L v Liverpool City Council [2016] NSWLEC 1647
Hearing dates:	Conciliation conference on 30 November 2016
Date of orders:	15 December 2016
Decision date:	15 December 2016
Jurisdiction:	Class 1
Before:	Hussey AC
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: Demolition of Existing Structures and Construction of five storey residential flat building containing 31 (23 x 2 bed and 8 x 1 bed) apartments; conciliation conference; agreement between the parties.
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Saleh Constructions No 2 P/L (Applicant) Liverpool City Council (Respondent)
Representation:	Mr V Conomos, Conomos Legal (Applicant) Mr I Lacy, Legal Services Division (Respondent)
File Number(s):	2016/252302
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 appeal is upheld.

2. Development application no. DA 492/2016 for the demolition of existing structures of five storey residential flat building containing 31 (23 x 2 bed and 8 x 1 bed) apartments situated at Lots 26 & 27 in Deposited Plan 29661 30-32 Park Road, Liverpool, NSW is approved subject to the conditions set out in Attachments 1 and 2.

3. No order as to costs

……………

Acting Commissioner Hussey

252302.16 Hussey - Attachment 1 & 2 (410 KB, pdf)