Osbourne Investments Pty Ltd v Central Coast Council [2017] NSWLEC 1536

Land and Environment Court New South Wales

Medium Neutral Citation: Osbourne Investments Pty Ltd v Central Coast Council [2017] NSWLEC 1536 Hearing dates: Conciliation conference on 24 August and 13 September 2017 Date of orders: 25 September 2017 Decision date: 25 September 2017 Jurisdiction: Class 1 Before: Bish C Decision: See (3) below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Osbourne Investments Pty Ltd (Applicant 1) Megawise Funds Management Pty Ltd (Applicant 2) Central Coast Council (Respondent) Representation: Solicitor: Mr O'Brien, O'Brien Legal Pty Ltd (Applicants) Mr Ball, Central Coast Council (Respondent) File Number(s): 2017/119638 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 amended plans referenced to in condition 2, Annexure A. 2. That the Appeal is upheld. 3. Consent is granted to development application DA/1037/2016 for demolition of existing dwellings and structures, construction of two residential flat buildings with basement car parks comprising 75 units (37 dwellings in the north building and 38 dwellings in the south building) and 91 car parking spaces, and landscaping at Lot 21 DP934851, Lots 21 and 22 DP543092, Lot 11 and 12 DP1011757, known as 15-19 Church Street and 21-23 River Road, Wyong. ………………………. Commissioner Bish Annexure A (1.38 MB, pdf)