Land and Environment Court New South Wales Medium Neutral Citation: Castle 78 Pty Ltd (ABN 57 606 424 720) v Liverpool City Council [2018] NSWLEC 1476 Hearing dates: Conciliation conference on 8 and 19 June 2018; 12 and 27 July 2018 Date of orders: 10 September 2018 Decision date: 10 September 2018 Jurisdiction: Class 1 Before: Walsh 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: Castle 78 Pty Ltd (ABN 57 606 424 720) (Applicant) Liverpool City Council (Respondent) Representation: Solicitors: G Green, Pikes & Verekers Lawyers (Applicant) C Drury, Sparke Helmore (Respondent) File Number(s): 2017/387760 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 upon the amended plans and documentation referred to in condition 1 of the conditions of consent at annexure "A". 2. The applicant is to pay the respondent's costs thrown away as a result of the amendments pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $17,000 payable within 28 days of the date of this agreement. 3. The clause 4.6 variation request to vary the height of buildings standard in clause 4.3 of Liverpool Local Environmental Plan 2008 as set in the written request by Haskew de Chalain Planning dated August 2018 is upheld. 4. The appeal is upheld. 5. Development application DA-481/2017 for demolition of existing structures and construction of a 4 storey shop top housing development comprising ground floor retail, 36 residential units and basement car parking at 624-634 Hume Highway, Casula is approved subject to the conditions at annexure "A". ………………………. Peter Walsh Commissioner of the Court Annexure A (465 KB, pdf) Plans (9.80 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: 10 September 2018