Rustrum Pty Ltd v Central Coast Council [2017] NSWLEC 1511

Land and Environment Court New South Wales

Medium Neutral Citation: Rustrum Pty Ltd v Central Coast Council [2017] NSWLEC 1511 Hearing dates: Conciliation conference on 18 April & 15 September 2017 Date of orders: 15 September 2017 Decision date: 15 September 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 Category: Principal judgment Parties: Rustrum Pty Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: Mr Doyle(Applicant) Solicitor: Ms A Johnstone, Connor & Co Lawyers (Applicant) Mr M Ball, Central Coast Council (Respondent) File Number(s): 2016/382173 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 appeal is upheld. 2. Leave is granted to the applicant to rely on the amended plans referred to in condition 2 of annexure "A"; 3. Consent is granted to development application 731/2016, for a mixed use development comprising 71 residential units, 38 tourist accommodation units, commercial premises with basement parking at 216-222 Main Road, 21 Rowland Terrace, Toukley, being Lot 2, 3 & 4 DP 406181, Lot 2 DP 213097, and Part Lot 91 DP 565884 and at 224-232 Main Road, Toukley being Lot 5 DP 514932 and Lot 1 DP 213097, subject to the conditions contained in the annexure marked "A" to this agreement. ………………………. Senior Commissioner Martin Annexure A (513 KB, pdf)