Sydney Anglican Schools Corporation v Warringah Council

Land and Environment Court New South Wales Medium Neutral Citation: Sydney Anglican Schools Corporation v Warringah Council [2015] NSWLEC 1177 Hearing dates:Conciliation conference on 23 February, 25 March and 1 May 2015Date of orders: 07 May 2015 Decision date: 07 May 2015 Jurisdiction:Class 1Before: Moore SC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Sydney Anglican Schools Corporation (Applicant) Warringah Council Council (Respondent) Representation: Counsel: Mr I Hemmings SC/ Ms M Peatman, solicitor (Applicant) Mr A Hudson, solicitor (Respondent) Solicitors: Hunt & Hunt (Applicant) Wilshire Webb Staunton Beattie (Respondent) File Number(s):10778 of 2014Judgment SENIOR 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. In making the orders to give...