Zhou v Georges River Council

[2016] NSWLEC 1277

Land and Environment Court

New South Wales

Medium Neutral Citation:	Zhou v Georges River Council [2016] NSWLEC 1277
Hearing dates:	Conciliation conference on 29 June 2016
Date of orders:	29 June 2016
Decision date:	29 June 2016
Jurisdiction:	Class 1
Before:	Hussey AC
Decision:	See (4) below
Catchwords:	Deletion of Deferred Commencement Conditions: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Steve Zhou (Applicant) Georges River Council (Respondent)
Representation:	Mr Anthony Whealy, Mills Oakley (Applicant) Ms Jenny Ware, Georges River Council (Respondent)
File Number(s):	154640 of 2016
Publication restriction:	No

Judgment

1. ACTING 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, 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 upheld.

2. Development Consent is granted for Development Application No. DA2015/0236 in accordance with "Annexure A".

…………….

R Hussey

Acting Commissioner

​

154640.16 Hussey (C) (336 KB, pdf)

Decision last updated: 05 July 2016