7 Rivendell Way Pty Ltd v The Hills Shire Council

[2018] NSWLEC 1166

Land and Environment Court

New South Wales

Medium Neutral Citation:	7 Rivendell Way Pty Ltd v The Hills Shire Council [2018] NSWLEC 1166
Hearing dates:	Conciliation conference on 4 April 2018
Date of orders:	05 April 2018
Decision date:	05 April 2018
Jurisdiction:	Class 1
Before:	Adam AC
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: subdivision; conciliation conference; agreement between the parties; orders
Legislation Cited:	Community Land Development Act 1989 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	7 Rivendell Way Pty Ltd (Applicant) The Hills Shire Council (Respondent)
Representation:	Counsel: Mr Philip Clay SC (Applicant) Solicitor: Maureen Peatman, Hunt & Hunt Lawyers (Applicant) Adam Seton, Marsdens Law Group (Respondent)
File Number(s):	2017/116067
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. Development Application 1328/2017/ZD for subdivision of Lots 1025 and 1006 DP 263587 being 7 Rivendell Way and 15 Linksley Avenue, Glenhaven into 2 Torrens title lots, demolition of the existing buildings on proposed Lot 1 and resubdivision under the Community Land Development Act 1989 of proposed Lot 1 into 12 lots (including the community property lot) over two stages, is approved subject to conditions contained in Annexure "A".

……………………….

Paul Adam

Acting Commissioner of the Court

Annexure A (310 KB, pdf)