Land and Environment Court New South Wales Medium Neutral Citation: Cui v Canterbury-Bankstown Council [2018] NSWLEC 1090 Hearing dates: Conciliation conference on 30 January 2018, 14 February 2018, 26 February 2018 Date of orders: 26 February 2018 Decision date: 26 February 2018 Jurisdiction: Class 1 Before: Chilcott 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: Yi Cui (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Solicitor: Bridget Armstrong, Pikes and Verekers Lawyers (Applicant) Joanne McIntosh, McKees Legal Solutions (Respondent) File Number(s): 2017/241386 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 in accordance with the plans referred to in condition 1 of Annexure "A". 2. The Appeal is upheld. 3. The Applicant is to pay the Respondent's costs pursuant to s 97B of the Environmental Planning and Assessment Act 1979 in the sum of $1,000.00 within 7 days. 4. Development Application no. 218/2017 dated 8 June 2017 as amended, seeks development consent to a proposed three (3) storey boarding house consisting of 30 boarding rooms and manager's room with basement car spaces at 15 Hillard Street, Wiley Park is approved subject to the conditions set out in Annexure "A". ………………………. Michael Chilcott Commissioner of the Court Annexure A (347 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: 27 February 2018