Tobin v City of Canada Bay Council

[2018] NSWLEC 1533

Land and Environment Court

New South Wales

Medium Neutral Citation:	Tobin v City of Canada Bay Council [2018] NSWLEC 1533
Hearing dates:	Conciliation conference on 26 September 2018
Date of orders:	04 October 2018
Decision date:	04 October 2018
Jurisdiction:	Class 1
Before:	Chilcott 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:	Brett Tobin (Applicant) City of Canada Bay Council (Respondent)
Representation:	Counsel: S Berveling (Applicant) Solicitors: Hatzis Cusack Lawyers (Applicant) M Cottom, Pikes & Verekers Lawyers (Respondent)
File Number(s):	2018/111278
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. Approval is granted to modify Development Consent No. 480/2003 dated October 2003 for the Extension of Hotel Trading Hours of the Oxford Hotel at 13 Lyons Road, Drummoyne by modifying the conditions set out in Annexure A, resulting in a consolidated set of conditions set out in Annexure B.

……………………….

M Chilcott

Commissioner of the Court

Annexure A (19.8 KB, pdf)

Annexure B (31.1 KB, pdf)