Belmore 88 Pty Ltd v City of Canterbury-Bankstown [2017] NSWLEC 1286

Land and Environment Court New South Wales

Medium Neutral Citation: Belmore 88 Pty Ltd v City of Canterbury-Bankstown [2017] NSWLEC 1286 Hearing dates: Conciliation Conference 2 June 2017 Date of orders: 05 June 2017 Decision date: 05 June 2017 Jurisdiction: Class 1 Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: demolition of existing structures and construction of a 4 and 5 storey shop top housing development; 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: Belmore 88 Pty Ltd (Applicant) City of Canterbury-Bankstown (Respondent) Representation: Mr A Knox, Pikes & Verekers Lawyers (Applicant) Mr J Hewitt, HWL Ebsworth (Respondent) File Number(s): 16/359087 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal against the refusal of Development application DA 566/2014 for the demolition of existing structures and construction of a 4 and 5 storey shop top housing development at 717-727 Canterbury Road, Belmore 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 make, 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 under s34(3) of the Land and Environment Court Act 1979 are: 1. The appeal is upheld. 2. Development application DA 566/2014 for the demolition of existing structures and construction of a 4 and 5 storey shop top housing development containing 141 units, 2 x retail tenancies, 7 x commercial tenancies over 3 levels of basement car parking at 717-727 Canterbury Road, Belmore is approved subject to the conditions in Annexure "A" hereto, of which condition 2 refers to the Voluntary Planning Agreement at Annexure "B". ……………. Commissioner G Brown 359087.16 Annexure A (565 KB, pdf) 359087.17 Annexure B (VPA) (510 KB, pdf)