Land and Environment Court New South Wales Medium Neutral Citation: 80 Penshurst St Pty Ltd ATF 80 Penshurst St Trust v Georges River Council [2018] NSWLEC 1566 Hearing dates: Conciliation conference on 19 October 2018 Date of orders: 25 October 2018 Decision date: 25 October 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: 80 Penshurst St Pty Ltd ATF 80 Penshurst St Trust (Applicant) Georges River Council (Respondent) Representation: Counsel: T To (Applicant) M Staunton (Respondent) Solicitors: Mills Oakley (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 2018/84104 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 dated 19 October 2018, copies of which are behind Annexure "A" for the purpose of the development application. 2. The appeal is allowed. 3. Modification application MOD2018/0007 seeking to modify development consent 2016/0363 to add additional bedrooms at level 3, modifications to ground floor retail and addition of a substation at 80 Penshurst Street, Penshurst is determined by approving the modification as set out in Annexure "B". 4. As a consequence of (3) above, Development Consent No 2016/0363 is now subject to the consolidated, modified conditions of development consent set out in Annexure "C". ………………………. Jenny Smithson Commissioner of the Court Annexure A (5.86 MB, pdf) Annexures B and C (242 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: 25 October 2018