The Baxter International Hotel Pty Ltd v City of Botany Bay Council

Land and Environment Court New South Wales Medium Neutral Citation: The Baxter International Hotel Pty Ltd v City of Botany Bay Council [2015] NSWLEC 1182 Hearing dates:Conciliation conference on 6 May 2015Date of orders: 25 May 2015 Decision date: 25 May 2015 Jurisdiction:Class 1Before: Pearson C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: demolition of existing building and construction of 12 storey building with an 8 storey hotel and four levels of car parking; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: THE BAXTER INTERNATIONAL HOTEL PTY LTD (Applicant) CITY OF BOTANY BAY COUNCIL (Respondent) Representation: Counsel: Solicitors: Susan Hill, Susan Hill & Associates Lawyers (Applicant) Steven Shneider, Houston Dearn O’Connor (Respondent) File Number(s):10079 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...