The Presbyterian Church (New South Wales) Property Trust v Minister for Planning

[2016] NSWLEC 1607

Land and Environment Court

New South Wales

Medium Neutral Citation:	The Presbyterian Church (New South Wales) Property Trust v Minister for Planning [2016] NSWLEC 1607
Hearing dates:	Conciliation conference on 27 September, 7, 17, 25 October, 1, 11, 9, 25 November & 7 December 2016
Date of orders:	08 December 2016
Decision date:	08 December 2016
Jurisdiction:	Class 1
Before:	Hussey AC
Decision:	See (4) below
Catchwords:	SECTION 121B ORDER: cease demolition work associated with heritage item. Prepare a reconstruction program to maximise retention of the original building fabric, heritage/conservation building, structural engineering, conservation management plan, conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	THE PRESBYTERIAN CHURCH (NEW SOUTH WALES) PROPERTY TRUST (Applicant) MINISTER FOR PLANNING (Respondent)
Representation:	Mr D McGregor, Minter Ellison (Applicant) Ms L McAndrew, Department of Planning (Respondent)
File Number(s):	2016/236568
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 Appeal is upheld in part.

2. The Orders given under orders numbered 2, 3, 4 and 18 of s121B of the Environmental Planning and Assessment Act 1979 (‘the Act’), contained in Annexure “A”, are substituted for the Orders given under orders numbered 3 and 15 of the Act given by the Respondent to the Applicant dated 8 July 2016.

3. The parties have liberty to apply/restore (as to the working out of an order) on 24 hours notice.

…………….

Acting Commissioner Hussey

236568.16 Hussey (C) (334 KB, pdf)

236568.16 Hussey - Attachment B (1.43 MB, pdf)