Y and S El Masri Pty Ltd v Council of the City of Ryde

[2018] NSWLEC 1273

Land and Environment Court

New South Wales

Medium Neutral Citation:	Y and S El Masri Pty Ltd v Council of the City of Ryde [2018] NSWLEC 1273
Hearing dates:	Conciliation conference on 8 June 2018
Date of orders:	08 June 2018
Decision date:	08 June 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:	Y and S El Masri Pty Ltd (Applicant) Council of the City of Ryde (Respondent)
Representation:	Solicitor: P Rosier, Rosier Partners (Applicant) B Stephen, Council of the City of Ryde (Respondent)
File Number(s):	2017/382049
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 appeal is further amended to be an appeal against the Respondent's determination of the application, DA2017/0374, by Deferred Commencement Development Consent LDA2017/0374 granted on 7 February 2018.

2. The appeal is upheld.

3. Development consent is granted to the application, DA2017/0374, for "Demolition; new multi dwelling housing development comprising 6 dwellings - 2 x 3 bedroom 2 storey dwellings and 2 x 3 bedroom and 2 x 2 bedroom single storey dwellings on Lots 5 and 6 DP 1350 known as 103-105 Bridge Road, Ryde, subject to the conditions contained in Annexure "A" attached hereto.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (547 KB, pdf)