Teda Bayside Pty Ltd v Woollahra Municipal Council

[2016] NSWLEC 1209

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Teda Bayside Pty Ltd v Woollahra Municipal Council [2016] NSWLEC 1209
Hearing dates:	Conciliation conference on 29 February, 23 March, 6 and 8 April 2016
Date of orders:	13 May 2016
Decision date:	13 May 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:	Teda Bayside Pty Ltd (Applicant) Woollahra Municipal Council (Respondent)
Representation:	Mr G Green Knox, Pikes & Verekers Lawyers (Applicant) Mr J Hewitt, HWL Ebsworth Lawyers (Respondent)
File Number(s):	2016/160181 (formerly 11223 of 2015)
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 are:

1. The Applicant is granted leave to amend Development Application DA 542/2014 in accordance with the plans and documentation set out in conditions A.2 of the conditions annexed at “A” to this agreement.

2. The Applicant is to pay the Respondent’s cost arising under section 97B of the Environmental Planning and Assessment Act 1979, as agreed or assessed.

3. The appeal is upheld.

4. Development Application DA 546/2014 for the demolition of existing dwellings, excavation for basement carpark and construction of a residential flat building containing 20 units at Lots 15, 16 & 17 in DP 12264 being 4-8 Patterson Street, Double Bay is approved subject to the conditions annexed to this Agreement at “A”.

……………………..

Annelise Tuor

Commissioner

160181.16 Tuor_amended 7.7.2016 (C) (901 KB, pdf)

160181.16 Tuor_4 - 8 Patterson Street_Revised DA Set (Rev F) (19.6 MB, pdf)

Amendments

07 July 2016 - Slip Rule amendment made by Commissioner Tour to conditions of consent, D2.