Canberra Estates Consortium No 42 Pty Ltd v Rockdale City Council [2016] NSWLEC 1243

Land and Environment Court New South Wales

Medium Neutral Citation: Canberra Estates Consortium No 42 Pty Ltd v Rockdale City Council [2016] NSWLEC 1243 Hearing dates: Conciliation conference on 14 June 2016 Date of orders: 15 June 2016 Decision date: 15 June 2016 Jurisdiction: Class 1 Before: Smithson AC 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: Canberra Estates Consortium No 42 Pty Ltd (Applicant) Rockdale City Council (Respondent) Representation: Counsel: Ms Sandra Duggan (Applicant)

Solicitors: Ms Isabella Ferguson, Gadens (Applicant) Mr John Cole, HWL Ebsworth Lawyers (Respondent) File Number(s): 2016/00152962 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. Consent for DA 2015/421 for the erection of a residential flat building including 149 residential units and 2 levels of basement car parking and embellishment of community park for the Bonner Street, is granted, in accordance with the conditions of consent annexed hereto and marked "A". The Court notes: 1. The parties have executed the Voluntary Planning Agreement required by DA 2015/421, a copy of which is annexed hereto and marked "B". 2. The Applicant is to pay the Council's costs as agreed or assessed in respect of these proceedings, within 28 days. ……………. Jenny Smithson Acting Commissioner 152962.16 - Annexure A (266 KB, pdf) 152962.16 - Planning Agreement (1.25 MB, pdf) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 16 June 2016