Shorter Developments Pty Ltd v The City of Canterbury Bankstown

[2017] NSWLEC 1373

Land and Environment Court

New South Wales

Medium Neutral Citation:	Shorter Developments Pty Ltd v The City of Canterbury Bankstown [2017] NSWLEC 1373
Hearing dates:	Conciliation conference on 17 July 2017
Date of orders:	17 July 2017
Decision date:	17 July 2017
Jurisdiction:	Class 1
Before:	Smithson C
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:	Shorter Developments Pty Ltd (Applicant) The City of Canterbury-Bankstown (Respondent)
Representation:	Counsel: Mr G Staunton (Applicant) Solicitors Mr B Zahr, Zahr Partners (Applicant) Mr M Bonanno, Lindsay Taylor Lawyers (Respondent)
File Number(s):	2017/87922
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. Leave is granted for the Applicant to amend its development application to rely upon the amended plans referred to in condition 5 of Annexure “A”.

2. The Appeal is upheld.

3. Development Application No. DA 500/2016 for demolition of existing structures across two lots of land and construction of 18 new townhouses (11 townhouses at 11 Rhonda Avenue and 7 townhouses at 86 Shorter Avenue) with basement carparking and Torrens title subdivision into 2 lots and strata subdivision of each lot at 86 Shorter Avenue and 11 Rhonda Avenue, Narwee is approved subject to the conditions set out in Annexure “A”.

……………………….

Commissioner Smithson

87922.17 Smithson - ZAHR - Updated Drawings (6.10 MB, pdf)

87922.17 Smithson (C) (329 KB, pdf)