Silver Stallion Pty Limited v Central Coast Council

[2017] NSWLEC 1186

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Silver Stallion Pty Limited v Central Coast Council [2017] NSWLEC 1186
Hearing dates:	Conciliation on 3 and 13 March, and 7 April 2017
Date of orders:	11 April 2017
Decision date:	11 April 2017
Jurisdiction:	Class 1
Before:	Morris 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:	Silver Stallion Pty Limited (Applicant) Central Coast Council (Respondent)
Representation:	Peter Tomasetti SC with Scott Nash (Applicants). Martin Ball, Central Coast Council (Respondent)
File Number(s):	2016/254995
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. Leave is granted to the applicant to rely on the amended plans referred to in condition 1.1 of annexure “A”;

3. Consent is granted to development application 47050/2015, to demolish an existing restaurant and erect a residential flat building comprising 18 units, at Lot 4 DP 327014, with a street address of 49 Masons Parade, Point Frederick, NSW subject to the conditions contained in the annexure marked “A” to this agreement.

…………….

Sue Morris

Commissioner of the Court

254995.16 Annexure A (C) (132 KB, pdf)

254995.16 Plans (17.2 MB, pdf)

Amendments

12 April 2017 - Amendment made to Representation