The Partnership of CS Property Holdings Pty Ltd and Quartec Group Trust v Strathfield Municipal Council

[2017] NSWLEC 1134

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	The Partnership of CS Property Holdings Pty Ltd & Quartec Group Trust v Strathfield Municipal Council [2017] NSWLEC 1134
Hearing dates:	Conciliation conference on 21 February 2017
Date of orders:	16 March 2017
Decision date:	16 March 2017
Jurisdiction:	Class 1
Before:	Morris 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:	The Partnership of CS Property Holdings Pty Ltd & Quartec Group Trust (Applicant) Strathfield Municipal Council (Respondent)
Representation:	Solicitor: Mr V Conomos, Conomos Legal (Applicant) Mr C Drury, Sparke Helmore(Respondent)
File Number(s):	2016/341622
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 upon the amended plans dated March 2015 and numbered S96-01, S96-02, S96-08 and S96-09 and attached hereto at Annexure “A”.

2. The appeal in respect of the property known as 432-434 Liverpool Road, Strathfield, is upheld.

3. Modification application No. 2014/045/06 for the alterations to three ground floor units within an approved and constructed residential flat building to install partition walls to create separate commercial tenancies and for the provision of an additional entry door to unit SOHO 1 and SOHO 2 from level 2 is determined by approval of the amended plans attached hereto at Annexure “A”.

4. As a consequence of order 2(c) and the modifications to the Development Consent No. DA2014/042 approved by the Court in proceedings 2016/341622, Development Consent No. DA2014/042 is now subject to the modified conditions of development consent set out in Annexure “B”.

The Court notes the parties agree that the amendments are minor for the purpose of section 97B of the Environmental Planning and Assessment Act 1979 (NSW) and that no costs order should be made.

……………………….

Commissioner Morris

341622.16 Morris (C) - Annexure A (875 KB, pdf)

341622.16 Morris (C) - Annexure B (216 KB, pdf)

Amendments

16 March 2017 - Corrected numbering in Orders