MF Holdings NSW Pty Ltd v Willoughby City Council

Land and Environment Court New South Wales Medium Neutral Citation: MF Holdings NSW Pty Ltd v Willoughby City Council [2016] NSWLEC 1300 Hearing dates:Conciliation conference on 4 December 2015, 29 January, 16 March, 5 April 2016Date of orders: 30 June 2016 Decision date: 30 June 2016 Jurisdiction:Class 1Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: use of existing building as a boarding house; conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: MF Holdings NSW Pty Ltd (Applicant) Willoughby City Council (Respondent) Representation: Counsel: Ms J. Reid, barrister (Applicant) Mr J. P. Merlino, solicitor (Respondent) Solicitors: Constantine G. Pavlis & Co Solicitors (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s):2016/00149904Publication restriction:NoJudgment COMMISSIONER: This is an appeal against the refusal of DA – 2014/566 to use an existing building as a boarding house at 28 Archer Street Chatswood. 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...