TC (Tallwoods) Pty Limited v Liverpool City Council

[2018] NSWLEC 1308

Land and Environment Court

New South Wales

Medium Neutral Citation:	TC (Tallwoods) Pty Limited v Liverpool City Council [2018] NSWLEC 1308
Hearing dates:	Conciliation conference on 21 June 2018
Date of orders:	21 June 2018
Decision date:	21 June 2018
Jurisdiction:	Class 1
Before:	Smithson C
Decision:	See [4] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	TC (Tallwoods) Pty Limited (Applicant) Liverpool City Council (Respondent)
Representation:	Counsel: M Staunton (Applicant) Dr J Smith (Respondent) Solicitors: Hall & Wilcox Lawyers (Applicant) Matthews Folbigg Pty Ltd (Respondent)
File Number(s):	2018/127414
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. Leave is granted for the Applicant to rely on the amended plans and material listed in paragraph 1 of the conditions set out in Annexure A.

2. The appeal is upheld.

3. Development Application DA 72/2018, for:

1. Demolition of existing structures, Torrens title subdivision of existing allotment into twelve (12) residential lots and four (4) residue lots and associated road construction and infrastructure. Construction of a temporary stormwater basin on proposed residue lot 113 created in stage 1;

2. Torrens title subdivision of residue lot 113 created in Stage 1 into 5 residential lots and a residue lot (Lot 206) for a temporary stormwater basin. Construction of half road on the northern boundary (referenced as Road 04 on approved plans);

3. Torrens title subdivision of Residue lot 206 created in Stage 2 into 5 additional residential lots and the decommissioning of the temporary stormwater basin,

at 225 - 235 Eighth Avenue, Austral, NSW is approved subject to the conditions in Annexure A.

4. The Applicant is to pay the Respondents costs in the amount as agreed or assessed pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) within 28 days of the date of this agreement.

……………………….

Jenny Smithson

Commissioner of the Court

Annexure A (1.25 MB, pdf)