Staldone Corporation Pty Ltd v Lane Cove Council

[2018] NSWLEC 1384

Land and Environment Court

New South Wales

Medium Neutral Citation:	Staldone Corporation Pty Ltd v Lane Cove Council [2018] NSWLEC 1384
Hearing dates:	Conciliation conference on 26 July 2018
Date of orders:	27 July 2018
Decision date:	27 July 2018
Jurisdiction:	Class 1
Before:	Chilcott 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:	Staldone Corporation Pty Ltd (Applicant) Lane Cove Council (Respondent)
Representation:	Solicitors: S Simington, Lindsay Taylor Lawyers (Applicant) J Corradini-Bird, Marsdens Law Group (Respondent)
File Number(s):	2017/278513
Publication restriction:	Nil

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 Applicant’s written request under subclause 4.6(3) of Lane Cove Local Environmental Plan 2009 is upheld.

2. The Appeal is upheld.

3. Development consent is granted to Development Application No. DA50/2017 for the demolition of existing structures and construction of a part 4 and 5 storey residential flat building comprising forty-two (42) residential apartments (11 x 1 bedroom, 28 x 2 bedroom and 3 x 3 bedroom) over basement car parking containing a total of 69 car parking spaces, with rooftop and ground level communal areas, on the land known as 614-616 Mowbray Road and 23 Mindarie Street, Lane Cove (Lots 15 and 16 in DP 35865 and Lot 97 in DP 36362) is approved subject to the conditions in Annexure ‘A’.

4. No order as to costs.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (C)

Decision last updated: 27 July 2018