Mosman Finance No.5 Pty Limited v North Sydney Council [2018] NSWLEC 1276

Land and Environment Court New South Wales

Medium Neutral Citation: Mosman Finance No.5 Pty Limited v North Sydney Council [2018] NSWLEC 1276 Hearing dates: Conciliation conference on 8 June 2018 Date of orders: 08 June 2018 Decision date: 08 June 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: Mosman Finance No.5 Pty Limited (Applicant) North Sydney Council (Respondent) Representation: Counsel: M Staunton (Applicant)

Solicitor: Sattler & Associates Pty Ltd (Applicant) M Pearce, North Sydney Council (Respondent) File Number(s): 2017/338919 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. Modification application DA D2015/205/2 to modify Development Consent No. D/2015/205 for alterations and additions to residential flat building including upper level additions, stairwell and lift, and in-ground car-stacker for 9 vehicles at 26 Cremorne Road, Cremorne point is approved in accordance with the conditions set out in Annexure "A" to this agreement. 3. As a consequence of the amended, deleted and or new conditions in Annexure "A" Development Consent D/2015/205 is now subject to the consolidated conditions set out in Annexure "B" to this agreement. ………………………. Michael Chilcott Commissioner of the Court Annexure A (234 KB, pdf) Annexure B (429 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: 12 June 2018