Land and Environment Court New South Wales Medium Neutral Citation: Kemby Pty Ltd & Reptar Pty Ltd v Liverpool City Council [2017] NSWLEC 1473 Hearing dates: Conciliation conference on 14 July 2017 Date of orders: 30 August 2017 Decision date: 30 August 2017 Jurisdiction: Class 1 Before: Dixon 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: Kembly Pty Ltd (First Applicant) Reptar Pty Ltd (Second Applicant) Liverpool City Council (Respondent) Representation: Solicitors: Mr V Conomos, Conomos Legal (Applicant) Mr I Lacy, Liverpool City Council (Respondent) File Number(s): 2017/82869 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 amend the development application and rely upon the following plans in the proceedings: Description Drawing No. Revision No. Date Title Page A0000 - - Demolition Plan A1101 A 09/08/16 Basement Plan A1201 D 15/08/17 Basement Plan A1202 D 15/08/17 Ground Floor Plan A1203 D 15/08/17 Level 01 Plan A1204 D 15/08/17 Level 02 Plan A1204 D 15/08/17 Level 03 Plan A1204 D 15/08/17 Level 04 Plan A1205 D 15/08/17 Level 05 Plan A1205 D 15/08/17 Level 06 Plan A1205 D 15/08/17 Level 07 Plan A1205 D 15/08/17 Level 08 Plan A1206 D 15/08/17 Level 09 Plan A1207 D 15/08/17 Level 10 Plan A1208 D 15/08/17 Level 11 Plan A1209 D 15/08/17 Roof Plan A1210 D 15/08/17 North Elevation A1301 D 15/08/17 South Elevation A1302 D 15/08/17 East Elevation A1303 D 15/08/17 West Elevation A1304 D 15/08/17 Section AA A1401 D 21/08/17 Section BB A1402 D Affordable Housing diagram A2070 D 21/08/17 Material Schedule A2201 to A2204 B 21/08/17 1. The appeal is upheld. 2. Development application DA – 794/2016 lodged on 25 August 2016 is approved subject to the conditions in Annexure A. ………………………. Commissioner Dixon 82869.17 Dixon (C) Annexure A (325 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: 31 August 2017