Alora Davies Developments 104 Pty Ltd v Wollondilly Shire Council

[2018] NSWLEC 1379

Land and Environment Court

New South Wales

Medium Neutral Citation:	Alora Davies Developments 104 Pty Ltd v Wollondilly Shire Council [2018] NSWLEC 1379
Hearing dates:	Conciliation conference on 10 July 2018 and 2 August 2018
Date of orders:	02 August 2018
Decision date:	02 August 2018
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:	Alora Davies Developments 104 Pty Ltd (Applicant) Wollondilly Shire Council (Respondent)
Representation:	Solicitors: C McFadzean, Swaab Attorneys (Applicant) J Bignell, RMB Lawyers (Respondent)
File Number(s):	2017/364674
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. the appeal is upheld;

2. Development consent is granted to DA No. DA10.2017.673.1 for a sixty-three (63) lot subdivision including new public road construction, demolition of existing structures and associated works at Lot 4 DP 263172 and Lot 5 DP 263172, 42 and 60 Greenacre Drive, Tahmoor approved subject to conditions in Annexure "A".

……………………….

Sarah Bish

Commissioner of the Court

Annexure A (363 KB, pdf)

Attachment A (629 KB, pdf)

Attachment B (274 KB, pdf)

Attachment C (796 KB, pdf)

Plans (13.1 MB, pdf)