Thirdi Union Street Pty Ltd v Newcastle City Council

[2018] NSWLEC 1519

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: A Pearman (Respondent) Solicitors: A McKelvey (Applicant) Newcastle City Council (Respondent)
File Number(s):	2018/154253
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The appeal is upheld;

2. 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)