Land and Environment Court New South Wales Medium Neutral Citation: Primus DMS Pty Ltd v Georges River Council [2017] NSWLEC 1431 Hearing dates: Conciliation Conference on 6 and 28 July 2017 Date of orders: 11 August 2017 Decision date: 11 August 2017 Jurisdiction: Class 1 Before: Martin SC 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: Primus DMS Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Mr G Green (Solicitor) (Applicant) Ms J Ware (Solicitor) (Respondent) File Number(s): 71976 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 s 34(3) of the Land and Environment Court Act 1979 are: 1. The appeal is upheld. 2. The applicant is granted leave to rely upon the amended plans and documents attached at Annexure "A" hereto. 3. The applicant is to pay the respondent's costs thrown away pursuant to s 97B of the Environmental Planning and Assessment Act 1979 in the amount of $5,200 within 28 days of this agreement. 4. Development Application DA 9/2016/283/1 for alterations and additions to the approved mixed use development (DA227/2015), additional parking and other changes at 365-377 Rocky Point Road, Sans Souci is approved subject to the conditions in Annexure "B" hereto. ……………. Rosemary Martin Senior Commissioner 71976.17 (Annexure A).docx (5.66 MB, pdf) 71976.17 (Annexure B) (521 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: 11 August 2017