Shayben Construction Pty Ltd v Georges River Council

[2017] NSWLEC 1026

Land and Environment Court

New South Wales

Medium Neutral Citation:	Shayben Construction Pty Ltd v Georges River Council [2017] NSWLEC 1026
Hearing dates:	Conciliation conference on 17 January 2017
Date of orders:	24 January 2017
Decision date:	24 January 2017
Jurisdiction:	Class 1
Before:	Martin SC
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:	Shayben Construction Pty Ltd (Applicant) Georges River Council (Respondent)
Representation:	Solicitors: Anthony Whealy, Mills Oakley (Applicant) Suzanne Puckeridge, Lindsay Taylor Lawyers (Respondent)
File Number(s):	2016/299262
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. Application number DA 110/2016 for the proposed construction of an additional 3 levels (7 units) on a residential flat building at 4 St Georges Parade, Hurstville, is approved subject to:

1. conditions contained in Annexure "A".

2. plans contained in Annexure “B’.

…………….

R Martin

Senior Commissioner

299262.16 Martin (C) (81.4 KB, pdf)

299262.16 Martin - Plans (2.15 MB, pdf)