Environa Studio Pty Ltd v North Sydney Council

Land and Environment Court New South Wales Medium Neutral Citation: Environa Studio Pty Ltd v North Sydney Council [2015] NSWLEC 1303 Hearing dates:Conciliation conference on 7 & 31 July 2015Date of orders: 03 August 2015 Decision date: 03 August 2015 Jurisdiction:Class 1Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders; conversion of an existing commercial building to mixed use commercial & residential Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: Environa Studio Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: Mr A Whealy (Applicant) Mr M Pearce (Respondent) Solicitors: Gadens Lawyers (Applicant) North Sydney Council (Respondent) File Number(s):10392 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....