BBDHM Investments Pty Ltd v City of Ryde Council [2017] NSWLEC 1131

Land and Environment Court New South Wales

Medium Neutral Citation: BBDHM Investments Pty Ltd v City of Ryde Council [2017] NSWLEC 1131 Hearing dates: Conciliation conference on 7 March 2017 Date of orders: 07 March 2017 Decision date: 07 March 2017 Jurisdiction: Class 1 Before: Smithson C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: BBDHM Investments Pty Limited (Applicant) City of Ryde Council (Respondent) Representation: Mr M Staunton, Barrister, Martin Place Chambers Solicitors: Mr M Flaherty, Martin Place Chambers (Applicant) Mr P Kapetas, (Respondent) File Number(s): 2016/332065 Publication restriction: No

Judgment 1. 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". 2. 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. 3. In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties. 4. The final orders to give effect to the parties' agreement under s34(3) of the Land and Environment Court Act 1979 are: 1. The Appeal is upheld. 2. Section 96(2) modification application no. MOD2016/0183 lodged with the Respondent on 12 September 2016 to modify condition 39 of Development Consent No. LDA2014/0365 granted by the Land & Environment Court of NSW on 18 June 2015 in proceedings no. 10093 of 2015 for alterations and additions to and subsequent change in use of an existing building for the purpose of a pub at 75 Rowe Street, Eastwood is determined by approving the modification as set out in Annexure A. 3. As a consequence of order (2), Development Consent No. LDA2014/0365 is now subject to the consolidated, modified conditions of development consent set out in Annexure B. ………………………. Commissioner Smithson 332065.16 Smithson - Annexure A (118 KB, pdf) 332065.16 Smithson - Annexure B (289 KB, pdf) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 15 March 2017