The Arraj Group Pty Ltd v Canterbury-Bankstown Council

[2018] NSWLEC 1236

Land and Environment Court

New South Wales

Medium Neutral Citation:	The Arraj Group Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1236
Hearing dates:	Conciliation conference on 18 May 2018
Date of orders:	28 May 2018
Decision date:	28 May 2018
Jurisdiction:	Class 1
Before:	Anastasi AR
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:	The Arraj Group Pty Ltd (First Applicant) Chikal Pty Ltd (Second Applicant) Leylands Parade Investments Pty Ltd (Third Applicant) Canterbury-Bankstown Council (Respondent)
Representation:	Solicitors: D Arraj, Blackstone Waterhouse Lawyers (Applicants) P Jackson, Pikes & Verekers Lawyers (Respondent)
File Number(s):	2017/295142
Publication restriction:	No

Judgment

1. ASSISTANT REGISTRAR: 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 Registrar, 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 Applicants are granted leave to amend Development application DA-556/2016 to rely on the amended plans and Statement of Environmental Effects set out in Annexure A.

2. The appeal is upheld.

3. Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the Applicants are to pay the costs of the Respondent that are thrown away as a result of amending the development application, as agreed or assessed.

4. Development application DA-556/2016 for the demolition of existing buildings and construction of an infill affordable housing development comprising a 4 storey residential flat building with basement parking and strata title subdivision at 80-82 Leylands Parade, Belmore, is approved subject to the conditions set out in Annexure B.

……………………….

Maria Anastasi

Assistant Registrar of the Court

Annexure A (43.9 KB, pdf)

Annexure B (138 KB, pdf)

Plans_Part1 (7.07 MB, pdf)

Plans_Part2 (16.4 MB, pdf)

BASIX Certificate (149 KB, pdf)

Statement of Environmental Effects (3.88 MB, pdf)