Hanyu Australia Pty Ltd v North Sydney Council [2018] NSWLEC 1440

Land and Environment Court New South Wales

Medium Neutral Citation: Hanyu Australia Pty Ltd v North Sydney Council [2018] NSWLEC 1440 Hearing dates: Conciliation conference on 31 July 2018 and 16 August 2018 Date of orders: 20 August 2018 Decision date: 20 August 2018 Jurisdiction: Class 1 Before: Smithson 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: Hanyu Australia Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Solicitors: F Rourke, Allens (Applicant) S Kondilios, Hall & Wilcox Lawyers (Respondent) File Number(s): 2018/156604 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 appeal is upheld. 2. Deferred commencement conditions AA1, AA2, AA3, AA4, AA5 and AA6 of development consent DA 39/2016 (as modified in proceedings 2018/156624) are satisfied by the Applicant's provision of evidence in accordance with clause 95(4) of the Environmental Planning and Assessment Regulation 2000 such that development consent DA 39/2016 is now operative. ………………………. Jenny Smithson Commissioner of the Court 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: 20 August 2018