Women's Housing Company Ltd v City of Ryde Council

[2018] NSWLEC 1465

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Women's Housing Company Ltd v City of Ryde Council [2018] NSWLEC 1465
Hearing dates:	Conciliation conference on 5 June 2018; 4 July 2018 and 24 August 2018
Date of orders:	28 August 2018
Decision date:	28 August 2018
Jurisdiction:	Class 1
Before:	Dixon SC
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:	Women's Housing Company Ltd (Applicant) City of Ryde Council (Respondent)
Representation:	Solicitors: A Spizzo, Landerer & Company (Applicant) P Kapetas, Council of the City of Cyde (Respondent)
File Number(s):	2017/216726
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 the development application and rely upon the plans referred to in Condition 1 of Annexure "A" to this agreement.

2. The Appeal is upheld.

3. Development Application 2017/0180 in relation to the development of a new generation boarding house, including parking and landscaping at 100 Station Street, Ryde, is approved.

……………………….

Susan Dixon

Senior Commissioner of the Court

Annexure A (358 KB, pdf)

Plans (14.1 MB, pdf)

Amendments

04 September 2018 - The wrong version of the Conditions (Annexure A) was provided to the Court, by the Applicant, this has now been replaced with the correct version