Planet Warriewood Pty Ltd v Hawksbury City Council

Land and Environment Court New South Wales Medium Neutral Citation: Planet Warriewood Pty Ltd v Hawksbury City Council [2016] NSWLEC 1153 Hearing dates:Conciliation conference on 19 January, 16 February, 8 March 2016Date of orders: 14 April 2016 Decision date: 14 April 2016 Jurisdiction:Class 1Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: entertainment facility; conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: Planet Warriewood Pty Ltd (Applicant) Hawksbury City Council (Respondent) Representation: Mr G McKee, McKees Legal Solutions (Applicant) Ms J McCullan, Marsdens Law Group (Respondent) File Number(s):10959 of 2015Publication restriction:NoJudgment COMMISSIONER: This is an appeal against the refusal of Development Application No. 0703/13 for an entertainment facility and associated facilities at 8 Groves Avenue, Mulgrave 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...