Sun v Georges River Council

[2018] NSWLEC 1271

Land and Environment Court

New South Wales

Medium Neutral Citation:	Sun v Georges River Council [2018] NSWLEC 1271
Hearing dates:	Conciliation conference on 1 May 2018
Date of orders:	04 June 2018
Decision date:	04 June 2018
Jurisdiction:	Class 1
Before:	O’Neill 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:	Belinda Sun (Applicant) Georges River Council (Respondent)
Representation:	Solicitors: A Sattler, Sattler & Associates Pty Ltd (Applicant) J Ware, Georges River Council (Respondent)
File Number(s):	2017/335225
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 application is upheld.

2. Development application DA263/2016 is approved in accordance with the conditions set out in Annexure “A” and plans at Annexure “B” to this agreement.

3. The applicant is to pay the respondent’s costs thrown away pursuant to s8.15 of the Environmental Planning and Assessment Act 1979 in the sum of $4,000.00 within 28 days of these orders.

……………………….

Susan O’Neill

Commissioner of the Court

Annexure A (136 KB, pdf)

Annexure B (2.16 MB, pdf)