Regent Pacific Capital v Sutherland Shire Council

Land and Environment Court New South Wales Medium Neutral Citation: Regent Pacific Capital v Sutherland Shire Council [2016] NSWLEC 1429 Hearing dates:Conciliation conference on 12 July, 23 August, 6 September 2016Date of orders: 15 September 2016 Decision date: 15 September 2016 Jurisdiction:Class 1Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: demolition of existing structures 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: Regent Pacific Capital (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: Marc Jaku (Applicant) Janelle Amy (Respondent) Solicitors: Jaku Legal (Applicant) Sutherland Shire Council (Respondent) File Number(s):2016/00161661Publication restriction:NoJudgment COMMISSIONER: This is an appeal against the refusal of Development Application No DA 15/1325 for the demolition of existing structures and construction of a mixed use development at 1081, 1085 and 1091A Old Pacific Highway Engadine. 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...