Thirdi Union Street Pty Ltd v Newcastle City Council
[2018] NSWLEC 1519
•03 October 2018
Land and Environment Court
New South Wales
Medium Neutral Citation: Thirdi Union Street Pty Ltd v Newcastle City Council [2018] NSWLEC 1519 Hearing dates: Conciliation conference on 24 September 2018; 3 October 2018 Date of orders: 03 October 2018 Decision date: 03 October 2018 Jurisdiction: Class 1 Before: Morris AC 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: Thirdi Union Street Pty Ltd (Applicant)
Newcastle City Council (Respondent)Representation: Counsel:
Solicitors:
A Pearman (Respondent)
A McKelvey (Applicant)
Newcastle City Council (Respondent)
File Number(s): 2018/154253 Publication restriction: No
Judgment
-
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”.
-
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.
-
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.
-
The final orders to give effect to the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979 are:
The appeal is upheld;
Development Application No. DA2017/01532 for the demolition of structures and erection of a mixed use development (including a 13-storey building and a 14-storey building) consisting of 112 residential units, two retail / commercial units and associated car parking on land described as Lot 37 DP 1083688, Lot 12 DP 1085732, Lot 1 DP 805529, Lot 1 DP 9998987 and Lot 8 DP 864170 is approved subject to the conditions contained at Annexure A.
……………………….
S Morris
Acting Commissioner of the Court
Annexure A (136 KB, pdf)
Decision last updated: 03 October 2018
0
0
1