1390 Botany Road Botany Pty Ltd v Council of the City of Botany Bay [2015] NSWLEC 1569

Catchwords: DEVELOPMENT APPLICATION: Subdivision; construction of 8 x 2 storey townhouses; conciliation conference; agreement between the parties; orders Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: 1390 Botany Road Botany Pty Ltd v Council of the City of Botany Bay [2015] NSWLEC 1569 Hearing dates: Conciliation conference on 19 October 2015 Date of orders: 29 January 2016 Decision date: 29 January 2016 Jurisdiction: Class 1 Before: Fakes C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: Subdivision; construction of 8 x 2 storey townhouses; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: 1390 Botany Road Botany Pty Ltd (Applicant) Council of the City of Botany Bay (Respondent) Representation: Applicant: Mr A Whealy (Solicitor) Respondent: Mr J Cole (Solicitor) Solicitors: Applicant: Gadens Respondent: HWL Ebsworth Lawyers File Number(s): 10713 of 2015 Judgment 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 effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties. The final orders to give effect to the parties’ agreement were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders. _________________________ Judy Fakes Commissioner 10713 of 2015 - Order (11.6 KB, pdf) Annexure A - 1390 Botany Rd Botany - Architectural (5.65 MB, pdf) Annexure A - 1390 Botany Rd Botany--Concept stormwater-12001-D1-D4-DA ISSUE F (1.51 MB, PDF) Annexure A - 1390 Botany Rd Botany-landscape-L101-Rev B-botany-20151210 (884 KB, pdf) Annexure A - 1390 Botany Rd Botany--LOT SURVEY- 13292P (89.1 KB, PDF) Annexure A - 1390 Botany Rd Botany--S34 - 20150813 - Clause 4.6 (v2) 11-12-2015 (1.00 MB, pdf) Annexure A - 1390 Botany Rd Botany--TRUNK DRAINAGE- 12001-TD1-TD3-DA ISSUE E (630 KB, PDF) Annexure A - BASIX V2 1390 Botany Rd, Botany (120 KB, pdf) Annexure A - Class1Schedule (81.5 KB, pdf) Annexure A - E22316 AB - Botany - DSI (17.2 MB, pdf) 10713 of 2015 Annexure B Conditions (122 KB, pdf) Amendments 02 February 2016 - Amended 'Date of Orders' and 'Date of Decision' on the Judgment Cover sheet. 22 February 2016 - Amended Architectural Plans on Annexure A. 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: 22 February 2016