Wollun Project 2 Pty Ltd ATF Wollun Project Fund v Sutherland Shire Council

[2017] NSWLEC 1614

Land and Environment Court

New South Wales

Case Name:	Wollun Project 2 Pty Ltd ATF Wollun Project Fund v Sutherland Shire Council
Medium Neutral Citation:	[2017] NSWLEC 1614
Hearing Date(s):	Conciliation conference on 26 October 2017
Date of Orders:	1 November 2017
Decision Date:	1 November 2017
Jurisdiction:	Class 1
Before:	Bish 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:	Wollun Project 2 Pty Ltd ATF Wollun Project Fund (Applicant) Sutherland Shire Council (Respondent)
Representation:	Solicitors: Mr D Tyrell, McKees Legal Solutions (Applicant) Ms J Amy, Sutherland Shire Council (Respondent)
File Number(s):	2017/202375
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 applicant is granted leave to amend their development application in accordance with the plans referred to in Condition 1 of Annexure “A”.

   (2)The Appeal is upheld.

   (3)Development Application No. DA17/0566 for the demolition of existing dwellings and outbuildings and the construction of 9 townhouses is approved subject to the conditions set out in Annexure “A” to this agreement.

   (4)The applicant is to pay the respondent’s costs thrown away for the purpose of s97B of the Environmental Planning & Assessment Act 1979, in the amount of $4,000.00.

   ……………………….

   S Bish

   Commissioner of the Land and Environment Court of NSW

   Annexure A (C) (333 KB, pdf)