KongHwa Laundry (Sydney) Pty Ltd v Cumberland Council [2017] NSWLEC 1497

Land and Environment Court New South Wales

Medium Neutral Citation: KongHwa Laundry (Sydney) Pty Ltd v Cumberland Council [2017] NSWLEC 1497 Hearing dates: Conciliation conference on 8 September 2017 Date of orders: 12 September 2017 Decision date: 12 September 2017 Jurisdiction: Class 1 Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: use of building as commercial laundry; 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: KongHwa Laundry (Sydney) Pty Ltd (Applicant) Cumberland Council (Respondent) Representation: Solicitors: Mr M Mantei, Planning Law Solutions (Applicant) Ms J Corradini-Bird, Marsdens Law Group (Respondent) File Number(s): 2017/229201 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal against the refusal of Development Consent No. DA-2016/8/1 for the use of an existing factory building as a commercial laundry 84-88 Warren Road, Smithfield. 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. Leave is granted to rely on the following documents that are the subject of Modification Application No. 2016/8/2: Document reference Document Name Prepared by Dated 6179-3.1R Environmental Noise Assessment Day Design Pty Ltd 17 August 2017 Plan of Management Kong Hwa Laundry (Sydney) Pty Ltd August 2017