Albury Demolitions Pty Ltd v Albury City Council

Land and Environment Court New South Wales Case Name:  Albury Demolitions Pty Ltd v Albury City Council Medium Neutral Citation:  [2016] NSWLEC 1414 Hearing Date(s):  Conciliation conference on 2 June, 3 August 2016 Date of Orders: 12 September 2016 Decision Date:  12 September 2016 Jurisdiction:  Class 1 Before:  Morris 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:  Albury Demolitions Pty Ltd (Applicant) Albury City Council (Respondent) Representation:  Solicitors: R Pogson Pogson Cronin (Applicant) M Rogers Kell Moore Pty Ltd (Respondent) File Number(s):  159544/2016 Publication Restriction:  No JUDGMENTCOMMISSIONER: 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”.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.In making the orders to give effect to the agreement between the parties,...