Dazzle International Pty Ltd v Marrickville Council [2015] NSWLEC 1417

Land and Environment Court New South Wales

Medium Neutral Citation: Dazzle International Pty Ltd v Marrickville Council [2015] NSWLEC 1417 Hearing dates: Conciliation conference on 29 September 2015 Date of orders: 09 October 2015 Decision date: 09 October 2015 Jurisdiction: Class 1 Before: Brown ASC Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION – demolition of existing carwash and construction of 4 storey mixed use development: conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Dazzle International Pty Ltd (Applicant) Marrickville Council (Respondent) Representation: Mr Green, Solicitor (Applicant) Mr Strati, Solicitor (Respondent) Solicitors: Pikes & Verekers Lawyers (Applicant) Marrickville Council (Respondent) File Number(s): 10470 of 2015 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal against the refusal by Marrickville Council of a development application DA201400496 for the demolition of existing structures and construction of a new mixed use building containing basement car parking, ground floor commercial/retail spaces, service and storage facilities, car parking and three (3) residential levels at 110 - 112 Addison Rd, Marrickville. 2. 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". 3. 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. 4. 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. 5. The final orders to give effect to the parties' agreement were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders. ……………. G T Brown Acting Senior Commissioner 10470 of 2015 Brown (s34O) (8.17 KB, pdf) 10470 of 2015_Annexure A (119 KB, pdf)