Surfrock Pty Ltd v Inner West Council

[2017] NSWLEC 1079

Land and Environment Court

New South Wales

Medium Neutral Citation:	Surfrock Pty Ltd v Inner West Council [2017] NSWLEC 1079
Hearing dates:	Conciliation conference on 23 January, 3 February and 7 February 2017
Date of orders:	22 February 2017
Decision date:	22 February 2017
Jurisdiction:	Class 1
Before:	Martin SC
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:	Surfrock Pty Ltd (Applicant) Inner West Council (Respondent)
Representation:	Solicitors: S Gadiel, Mills Oakley (Applicant) S Patterson, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2016/374266 and 2017/7645
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 Applicant is granted leave to rely on the amended plans and documents referred to in the conditions of consent contained in Annexure “A”.

2. The appeals are upheld.

3. Deferred commencement conditions 1(b), 1(c), 2, 3, 4, 5, 6, 7 and 8 of Part A of development consent 10.2013.223.5 granted by the Respondent are satisfied in accordance with clause 95(5) of the Environmental Planning and Assessment Regulation 2000.

4. Modification application no. 10.2013.223.6 lodged with the Respondent on 15 November 2016 is determined by approving the modifications as set out in Annexure A.

5. As a consequence of (4), development consent 10.2013.223.5 granted by the Respondent is now subject to the consolidated, modified conditions of development consent set out in Annexure B.

…………….

Rosemary Martin

Senior Commissioner

7645.17+374266.16 Annexure A (C) (17.1 KB, pdf)

7645.17+374266.16 Annexure B (C) (83.7 KB, pdf)