STM 123 No. 7 Pty Ltd as a Trustee for the STM 123 No. 7 Trust v Waverley Council

[2016] NSWLEC 1313

Land and Environment Court

New South Wales

Medium Neutral Citation:	STM 123 No. 7 Pty Ltd as a Trustee for the STM 123 No. 7 Trust v Waverley Council [2016] NSWLEC 1313
Hearing dates:	Conciliation conference on 12 February 2016
Date of orders:	22 July 2016
Decision date:	22 July 2016
Jurisdiction:	Class 1
Before:	Tuor 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:	STM 123 No. 7 Pty Ltd (Applicant) Waverley Council (Respondent)
Representation:	Mr G Green, Pikes & Verekers Lawyers (Applicant) Mr S Patterson, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2016/158961
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, 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 Application Class 1 filed by the Applicant in these proceedings is amended in accordance with the document annexed hereto and marked “A”.

2. The Applicant is granted leave to rely upon the amended plans and documentation as referred to in Condition 1(a)-(f) as set out in Annexure “B” annexed hereto.

3. The appeal is upheld.

4. Development Application DA 296/2015 for the demolition of existing building and construction of a five storey shop-top housing development (retail at ground level and residential apartments above) with two levels of basement parking is approved subject to the Conditions set out in Annexure “B”.

5. The Applicant is to pay the Respondent’s costs arising under s97B of the Environmental Planning and Assessment Act 1979 as agreed or as assessed.

…………….

Commissioner Tuor

158961.16 Tuor_Annexure A (1.45 MB, pdf)

158961.16 Tuor_Annexure B (545 KB, pdf)

158961.16 Tuor - Plan_15006_S34_000_SITE 100 (424 KB, pdf)

158961.16 Tuor - Plan_15006_S34_100_B1 & B2 PLAN 100 (342 KB, pdf)

158961.16 Tuor - Plan_15006_S34_101_GROUND & L1 101 (594 KB, pdf)

158961.16 Tuor - Plan_15006_S34_102_L2 & L3 PLAN 102 (537 KB, pdf)

158961.16 Tuor - Plan_15006_S34_103_L4 & ROOF PLAN 103 (797 KB, pdf)

158961.16 Tuor - Plan_15006_S34_200_ELEVATIONS 200 (591 KB, pdf)

158961.16 Tuor - Plan_15006_S34_200_ELEVATIONS 201 (506 KB, pdf)

158961.16 Tuor - Plan_15006_S34_300_SECTIONS 300 (356 KB, pdf)

158961.16 Tuor - Plan_15006_S34_300_SECTIONS 301 (321 KB, pdf)

158961.16 Tuor - Plan_15006_S34_300_SECTIONS 302 (236 KB, pdf)

158961.16 Tuor - Plan_15006_S34_500_STRATA SUBDIVISION 500 (275 KB, pdf)

158961.16 Tuor - Plan_15006_S34_700_AREA CALC 700 (630 KB, pdf)

158961.16 Tuor - Plan_15006_S34_800_ADAPTABLE UNIT 800 (114 KB, pdf)

158961.16 Tuor - Plan_15006_S34_800_ADAPTABLE UNIT 801 (108 KB, pdf)