Silver Stallion Pty Limited v Central Coast Council [2017] NSWLEC 1186

Land and Environment Court New South Wales

Medium Neutral Citation: Silver Stallion Pty Limited v Central Coast Council [2017] NSWLEC 1186 Hearing dates: Conciliation on 3 and 13 March, and 7 April 2017 Date of orders: 11 April 2017 Decision date: 11 April 2017 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: Silver Stallion Pty Limited (Applicant) Central Coast Council (Respondent) Representation: Peter Tomasetti SC with Scott Nash (Applicants). Martin Ball, Central Coast Council (Respondent) File Number(s): 2016/254995 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 make, 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. Leave is granted to the applicant to rely on the amended plans referred to in condition 1.1 of annexure "A"; 3. Consent is granted to development application 47050/2015, to demolish an existing restaurant and erect a residential flat building comprising 18 units, at Lot 4 DP 327014, with a street address of 49 Masons Parade, Point Frederick, NSW subject to the conditions contained in the annexure marked "A" to this agreement. ……………. Sue Morris Commissioner of the Court 254995.16 Annexure A (C) (132 KB, pdf) 254995.16 Plans (17.2 MB, pdf)