Cremorne Place Pty Ltd v North Sydney Council

Land and Environment Court New South Wales Medium Neutral Citation: Cremorne Place Pty Ltd v North Sydney Council [2015] NSWLEC 1562 Hearing dates:Conciliation conference on 8 December 2015Date of orders: 22 December 2015 Decision date: 22 December 2015 Jurisdiction:Class 1Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: demolition of existing building and construction of a mixed use development; conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: Cremorne Place Pty Ltd (Applicant) North Sydney City Council (Respondent) Representation: Counsel: Ms J. Reid, barrister (Applicant) Mr M. Pearce, solicitor, North Sydney Council (Respondent) File Number(s):10763 of 2015Publication restriction:NoJudgment COMMISSIONER: This is an appeal against the refusal of Development Application No. DA167/15 for demolition of an existing commercial building and construction of a new mixed use building comprising basement car parking, ground level retail and apartments above at 352-354 Military Road, Cremorne 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...