SLD Development One Pty Ltd v Sutherland Shire Council

[2018] NSWLEC 1374

Land and Environment Court

New South Wales

Medium Neutral Citation:	SLD Development One Pty Ltd v Sutherland Shire Council [2018] NSWLEC 1374
Hearing dates:	Conciliation conference on 14 June, 5 July 2018
Date of orders:	20 July 2018
Decision date:	20 July 2018
Jurisdiction:	Class 1
Before:	Walsh 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:	SLD Development One Pty Ltd (Applicant) Sutherland Shire Council (Respondent)
Representation:	Solicitors: G Green, Pikes & Verekers Lawyers (Applicant) J Amy, Sutherland Shire Council (Respondent)
File Number(s):	2017/368902
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 Land and Environment Court Act 1979 are:

1. The applicant is granted leave to rely upon the amended plans referred to in condition 1 in the approved conditions at annexure “A”.

2. The applicant is to pay the respondent’s costs thrown away pursuant to s8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $4,500 within 28 days.

3. The appeal is upheld.

4. Development Application DA17/0198 for demolition of existing buildings and construction of a six storey residential flat building comprising 23 units and basement parking at 51-53 Glencoe Street, Sutherland is approved subject to the conditions of consent at annexure “A”.

……………………….

P Walsh

Commissioner of the Court

Annexure A (166 KB, pdf)

Plans CL_Part1 (5.94 MB, pdf)

Plans CL_Part2 (5.33 MB, pdf)

Plans CL_Part3 (7.60 MB, pdf)

Plans CL_Part4 (5.80 MB, pdf)

Plans CL_Part5 (7.68 MB, pdf)

Plans CL_Part6 (1.99 MB, pdf)