Aesk Investments Pty Ltd v Wollondilly Shire Council

[2017] NSWLEC 1754

Land and Environment Court

New South Wales

Medium Neutral Citation:	AESK Investments Pty Ltd v Wollondilly Shire Council [2017] NSWLEC 1754
Hearing dates:	Conciliation conference on 28 November, 18 & 20 December 2017
Date of orders:	21 December 2017
Decision date:	21 December 2017
Jurisdiction:	Class 1
Before:	Bish 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:	AESK Investments Pty Ltd (Applicant) Wollondilly Shire Council (Respondent)
Representation:	Solicitors: Mr C McFadzean, SWAAB Attorneys (Applicant) Ms O Yeatman, RMB Lawyers (Respondent)
File Number(s):	2017/212204
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 consent is granted to DA No. 10.2017.259.1 for demolition of structures and the subdivision of 2 lots into 30 lots at 78-80 River Road, Tahmoor be approved subject to the conditions in Annexure "A" inclusive of general terms of approval from Subsidence Advisory NSW at Annexure "B".

……………………….

Commissioner Bish

Annexure A (336 KB, pdf)

Annexure B (55.6 KB, pdf)

Annexure C (1.41 MB, pdf)