Touma Property Developments Pty Ltd v Georges River Council

[2018] NSWLEC 1517

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Touma Property Developments Pty Ltd v Georges River Council [2018] NSWLEC 1517
Hearing dates:	Conciliation conference on 30 July 2018; 9, 22 and 29 August 2018
Date of orders:	27 September 2018
Decision date:	27 September 2018
Jurisdiction:	Class 1
Before:	Walsh 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:	Touma Property Developments Pty Ltd (Applicant) Georges River Council (Respondent)
Representation:	Solicitors: G McKee, McKees Legal Solutions (Applicant) J Ware, Georges River Council (Respondent)
File Number(s):	2018/38420
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 applicant is granted leave to amend their development application in accordance with the plans referred to in Condition 1 of Annexure “A” and annexed at Annexure “B”.

2. The Appeal is upheld.

3. Development Application No. DA2017/0663 for the demolition of existing dwellings and structures and construction of a seven storey residential flat building containing 43 units and two levels of basement parking is approved subject to the conditions set out in Annexure “A” to this agreement.

4. The Applicant is to pay the Respondent’s costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $9,000.00 within 14 days of these orders.

……………………….

Peter Walsh

Commissioner of the Court

Annexure A

Annexure B - Part1

Annexure B - Part2

Annexure B - Part3

Amendments

14 November 2018 - Pursuant to UCPR 36.17, the slip rule, by consent of the parties, amend orders of 27 September 2018 by:

1) Replacing Drawing No DA2009 Rev H dated 05/09/18 (the Roof Plan) with Drawing No 2009 Rev I dated 07/11/18;

2) Updating the Plan Reference contained in Condition 1 of Annexure A.