Land and Environment Court New South Wales Medium Neutral Citation: Sell & Parker Pty Ltd v Minister for Planning [2017] NSWLEC 1586 Hearing dates: Conciliation conference on 19 September & 17 October 2017 Date of orders: 19 October 2017 Decision date: 19 October 2017 Jurisdiction: Class 1 Before: Maston AC 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: Sell and Parker Pty Ltd (ACN 000 101 315) (Applicant) Minister for Planning (Respondent) Representation: Mr J Johnson, Allens(Applicant) Ms L Sims, Department of Planning (Respondent) File Number(s): 2017/126126 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. Leave is granted to the Applicant to rely on the following amended plans and documents: Document Revision Prepared by: Date (consultant) Drawing DA-1049-14 A101 Rev M 21/9/2017 Algorry Zappia and Associates Pty Ltd Drawing DA-1049-14 A301 Rev H 27/9/2017 Algorry Zappia and Associates Pty Ltd Drawing 14023-16-001-FH-01 Rev P4 25/9/2017 MJ Harvey and Associates Pty Ltd Drawing SS15-3178-000-I 22/9/2017 Site Image (NSW) Pty Ltd Drawing SS15-3178-101-J 22/9/2017 Site Image (NSW) Pty Ltd Drawing SS15-3178-401-G 15/8/2017 Site Image (NSW) Pty Ltd Drawing SS15-3178-402-I 22/9/2017 Site Image (NSW) Pty Ltd Drawing SS15-3178-403-G 15/8/2017 Site Image (NSW) Pty Ltd Drawing SS15-3178-404-G 22/9/2017 Site Image (NSW) Pty Ltd Drawing SS15-3178-501-I 22/9/2017 Site Image (NSW) Pty Ltd Town Planning Report 29/9/2017 Tim Ward (Ethos Urban) Acoustic Report 25/9/2017 Renzo Tonin and Associates 1. The Applicant is to pay the Respondent's costs thrown away by reason of the amended plans and documents listed above under section 97B of the Environmental Planning and Assessment Act 1979 as agreed or assessed. 2. The appeal is upheld. 3. Modification application No. SSDMod 16_8001, is approved, subject to the conditions set out in Annexure "A". ………………………. John Maston Acting Commissioner of the Land & Environment Court of NSW Annexure A (75.7 KB, pdf) Plans (8.24 MB, 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: 03 November 2017