Sydney Advantage Investments Pty Ltd v Wollondilly Shire Council

[2016] NSWLEC 1350

Land and Environment Court

New South Wales

Medium Neutral Citation:	Sydney Advantage Investments Pty Ltd v Wollondilly Shire Council [2016] NSWLEC 1350
Hearing dates:	Conciliation conference on 19 August 2016
Date of orders:	22 August 2016
Decision date:	22 August 2016
Jurisdiction:	Class 1
Before:	Fakes C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION; subdivision; flooding and stormwater; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Sydney Advantage Investments Pty Ltd (Applicant) Wollondilly Shire Council (Respondent)
Representation:	Applicant: Mr M Staunton (Barrister) Respondent: Ms P Hudson (Solicitor)     Solicitors: Mills Oakley (Applicant) Marsdens Law Group (Respondent)
File Number(s):	157547 of 2016
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 Applicant is granted leave to rely on the amended plans as identified in Condition 1 of Annexure ‘A’.

2. The appeal is upheld.

3. Development application No. 010.2015.00000614.001 for a sixty two lot subdivision and associated works at Lots 6 and 8 DP245143, 60 and 88 Rita Street, Thirlmere is approved subject to the conditions contained in Annexure ‘A’.

The Court notes the agreement of the parties that there is to be no order as to costs of the proceedings.

___________________

Judy Fakes

Commissioner of the Court

157547.16 - Annexure A (180 KB, pdf)

Decision last updated: 23 August 2016