N F Billyard Pty Ltd v City of Ryde Council [2018] NSWLEC 1482

Land and Environment Court New South Wales

Medium Neutral Citation: N F Billyard Pty Ltd v City of Ryde Council [2018] NSWLEC 1482 Hearing dates: Conciliation conferences on 26 July 2018; 15 August 2018; 27 August 2018 Date of orders: 11 September 2018 Decision date: 11 September 2018 Jurisdiction: Class 1 Before: Blakely AC 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: N F Billyard Pty Ltd (Applicant) City of Ryde Council (Respondent) Representation: Solicitors: V Conomos, Conomos Legal (Applicant) B Stephen, The City of Ryde (Respondent) File Number(s): 2018/39590 Publication restriction: No

Judgment 1. ACTING 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 given leave to amend the development application and rely upon the following plans in the proceedings: 1. Drawing 1281.DA01, Revision H, dated 13.08.2018 2. Drawing 1281.DA02, Revision F, dated 13.08.2018 3. Drawing 1281.DA03, Revision F, dated 13.08.2018 4. Drawing 1281.DA04, Revision F, dated 13.08.2018 5. Drawing 1281.DA05, Revision F, dated 13.08.2018 1. The appeal is upheld. 2. Development application LDA/2017/0410 for the demolition of existing buildings and structures, removal of all onsite trees (42) and construction of a part one and two storey multi dwelling housing development is approved subject to the conditions in Annexure A. ………………………. Professor E Blakely Acting Commissioner of the Court Annexure A (186 KB, pdf) Amended Plans (1.16 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: 12 September 2018