Land and Environment Court New South Wales Medium Neutral Citation: Highbury Group Pty Ltd v North Sydney Council [2018] NSWLEC 1337 Hearing dates: Conciliation conference on 03 July 2018 Date of orders: 03 July 2018 Decision date: 03 July 2018 Jurisdiction: Class 1 Before: Chilcott C Decision: See [4] below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Dusevic v North Sydney Council [2015] NSWLEC 1198 Category: Principal judgment Parties: Highbury Group Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Solicitors: S Patterson, Wilshire Webb Staunton Beattie (Applicant) M Pearce, North Sydney Council (Respondent) File Number(s): 2017/387950 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 s 34(3) of the Land and Environment Court Act 1979 are: 1. The Applicant is granted leave to rely on the amended plans and documents at Annexure "A" and as referred to in condition A5 of the conditions of consent contained at Annexure "B". 2. The appeal is upheld. 3. Modification application pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979 filed with the Court on 22 December 2017 seeking to modify development consent DA408/2014 granted by the Court in Dusevic v North Sydney Council [2015] NSWLEC 1198 at 34 East Crescent Street, McMahons Point, is approved subject to the conditions contained at Annexure "B". ………………………. Michael Chilcott Commissioner of the Court Annexure A (3.08 MB, pdf) Annexure A - Level 3 Plan (145 KB, pdf) Annexure B (454 KB, pdf) Amendments 04 October 2018 - Pursuant to UCPR 36.17, the slip rule, by consent of the parties, amend orders of 3 July 2018 so that Condition A5 in Annexure B now includes "DA-06 H Level 3 Squillace 30/10/17" in the table of plans. 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: 04 October 2018