Modog Pty Limited v North Sydney Council [2016] NSWLEC 1533

Land and Environment Court New South Wales

Medium Neutral Citation: Modog Pty Limited v North Sydney Council [2016] NSWLEC 1533 Hearing dates: Conciliation conference on 13 & 29 September and 18 October 2016 Date of orders: 10 November 2016 Decision date: 10 November 2016 Jurisdiction: Class 1 Before: Morris 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: Modog Pty Limited (Applicant) North Sydney Council (Respondent) Representation: Counsel: Ms J Reid (Applicant) Mr M Fraser (Respondent)

Solicitors: Mr M Pearce, North Sydney Council (Respondent) File Number(s): 170458 of 2016 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. Leave is granted to the Applicant to file and rely on the following amended plans: DA101J Basement 2 floor plan Cracknell & Lonergan Architects 18.10.16 DA101J Basement 1 floor plan Cracknell & Lonergan Architects 18.10.16 DA102J Cracknell & Lonergan Architects 18.10.16 DA103G Cracknell & Lonergan Architects 29.09.16 DA104G Cracknell & Lonergan Architects 29.09.16 DA105G Cracknell & Lonergan Architects 29.09.16 DA201J Cracknell & Lonergan Architects 18.10.16 DA301G Cracknell & Lonergan Architects 11.10.16 DA302G Cracknell & Lonergan Architects 11.10.16 DA601G Cracknell & Lonergan Architects 29.09.16