Rad 1 Fire Services Pty Ltd v Canterbury-Bankstown Council [2017] NSWLEC 1427

Land and Environment Court New South Wales

Medium Neutral Citation: Rad 1 Fire Services Pty Ltd v Canterbury-Bankstown Council [2017] NSWLEC 1427 Hearing dates: Conciliation Conference on 23 June and 31 July 2017 Date of orders: 10 August 2017 Decision date: 10 August 2017 Jurisdiction: Class 1 Before: Gray C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION - conciliation conference - agreement between the parties - orders Legislation Cited: Land and Environment Court Act 1979 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Rad 1 Fire Services Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Solicitor: Ms A Spizzo (Applicant) Mr P Jackson (Respondent) File Number(s): 66252 of 2017 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 on the amended plans referred to in Condition 1 of Annexure A. 2. The Applicant is to pay the Respondent's section 97B costs in the sum of $10,000.00 within 28 days. 3. The appeal is upheld. 4. DA 359/2016 is approved subject to the conditions found in Annexure A. ……………. Commissioner Gray 66252.17 (Annexure A) (331 KB, pdf)