Ostaford Pty Limited v Newcastle City Council [2016] NSWLEC 1198

Land and Environment Court New South Wales

Medium Neutral Citation: Ostaford Pty Limited v Newcastle City Council [2016] NSWLEC 1198 Hearing dates: Conciliation conference on 22 February, 11 April 2016 Date of orders: 18 May 2016 Decision date: 18 May 2016 Jurisdiction: Class 1 Before: Brown C Decision: See (5) below Catchwords: DEVELOPMEMNT APPLICATION: demolition of existing improvements – construction of take away food premises - 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: Ostaford Pty Limited (Applicant) Newcastle City Council (Respondent) Representation: Counsel: Mr M Staunton, barrister (Applicant) Ms A Pearman, barrister (Respondent)

Solicitors: Kingston Swift (Applicant) Newcastle City Council (Respondent) File Number(s): 11074 of 2015

Judgment 1. COMMISSIONER: This is an appeal against the refusal of Development Application No DA 2014/1093 for the demolition of all existing improvements and the construction of take away food premises at 111 Newcastle Road Wallsend. 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 Commissioner 11074 of 2015 (s34O) gtb (11.4 KB, pdf) 11074 of 2015 (C) gtb (322 KB, pdf)