Ashburner Flat Units Pty. Limited v Manly Council

Land and Environment Court New South Wales Medium Neutral Citation: Ashburner Flat Units Pty. Limited v Manly Council [2015] NSWLEC 1301 Hearing dates:Conciliation conference on 31 July 2015Date of orders: 31 July 2015 Decision date: 31 July 2015 Jurisdiction:Class 1Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION:; conciliation conference; agreement between the parties; orders; cease use of premises Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: Ashburner Flat Units Pty. Limited (Applicant) Manly Council (Respondent) Representation: Counsel: Dr S Berverling (Applicant) Solicitors: Mr S Griffiths (Applicant) Pikes Verekers Lawyers (Respondent) File Number(s):10473 of 2015Judgment 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”. 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,...