Murbol Pty Limited v Wollongong City Council [2016] NSWLEC 1416

Land and Environment Court New South Wales

Medium Neutral Citation: Murbol Pty Limited v Wollongong City Council [2016] NSWLEC 1416 Hearing dates: Conciliation conference on 12 July, 10 & 24 August and 7 September 2016 Date of orders: 08 September 2016 Decision date: 08 September 2016 Jurisdiction: Class 1 Before: Tuor 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: Murbol Pty Limited (Applicant)

Wollongong City Council (Respondent) Representation: Mr Hemmings SC, barrister and Mr P Moggach of RMB Lawyers (Applicant)

Mr J Reilly of Wollongong City Council (Respondent) File Number(s): 2016/154643 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, 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 Application is granted leave to amend the Development Application and rely upon the plans in the proceedings noted in Schedule 1; 2. The clause 4.6 request for exception to the height standard under clause 4.3 of Wollongong LEP 2009 is sustained; 3. The Appeal is upheld; 4. Development Consent to Development Application No. 2015/884 is granted subject to the conditions in Annexure A; and 5. The Applicant is to pay the sum of $5,400.00 to the Respondent being costs under section 97B(2) of the Environmental Planning and Assessment Act within 28 days of the date of this Order. ………..……………. Annelise Tuor Commissioner 154643.16 Tuor (C) (407 KB, pdf) 154643.16 Tuor - Schedule 1 (154 KB, pdf) 154643.16 Tour - Plans - Soil & Sedimentation Site Plan (1.53 MB, pdf) 154643.16 Tour - Plans - Stormwater Inlet Sediment Control (1.23 MB, pdf) 154643.16 Tour - Plans - Basement Level 1 (1.31 MB, pdf) 154643.16 Tour - Plans - Basement Level 2 (746 KB, pdf) 154643.16 Tour - Plans Part 9 (2.56 MB, pdf) 154643.16 Tour - Plans Part 8 (253 KB, pdf) 154643.16 Tour - Plans Part 7 (7.94 MB, pdf) 154643.16 Tour - Plans Part 6 (8.01 MB, pdf) 154643.16 Tour - Plans Part 5 (8.01 MB, pdf) 154643.16 Tour - Plans Part 4 (8.01 MB, pdf) 154643.16 Tour - Plans Part 3 (8.34 MB, pdf) 154643.16 Tour - Plans Part 2 (9.25 MB, pdf) 154643.16 Tour - Plans Part 1 (4.53 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: 19 September 2016