Land and Environment Court New South Wales Medium Neutral Citation: Combined Projects (Rockdale) Pty Ltd v Bayside Council [2017] NSWLEC 1330 Hearing dates: Conciliation conference on 4, 6, 20 April, 1, 8, 22, 23 May, 20, 22 June 2017 Date of orders: 27 June 2017 Decision date: 27 June 2017 Jurisdiction: Class 1 Before: Chilcott 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: Combined Projects (Rockdale) Pty Ltd (Applicant) Bayside Council (Respondent) Representation: Solicitor: Mr A Whealy, Mills Oakley (Applicant) Mr J Cole, HWL Ebsworth Lawyers (Respondent) File Number(s): 2016/361926 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 Applicant is granted leave to rely upon the amended plans referred to in the conditions of consent annexed hereto and marked "Annexure A". 2. The Applicant is to pay the Respondent's costs thrown away pursuant to section 97B of the Environmental Planning and Assessment Act 1979, in an agreed amount of $60,000 within 28 days of the date of these orders. 3. The Appeal is upheld. 4. Development application no. DA-2016/241 for the demolition of existing structures and construction of a mixed use development comprising three buildings containing 365 residential apartments, ground floor commercial/retail floor space, basement car parking and public domain area at 15-21A Bay Street, 1-11 Chapel Street, 1-3 Chapel Lane and 6-12 Lister Avenue, Rockdale NSW 2216 is approved subject to the conditions contained in Annexure "A". ………………………. Commissioner Chilcott 361926.16 Chilcott (C) (629 KB, 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: 27 June 2017