Angas Securities Limited v Penrith City Council
[2018] NSWLEC 1396
•31 July 2018
Land and Environment Court
New South Wales
Medium Neutral Citation: Angas Securities Limited v Penrith City Council [2018] NSWLEC 1396 Hearing dates: Conciliation conference on 21 and 26 June 2018; 4 and 12 July 2018 Date of orders: 31 July 2018 Decision date: 31 July 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: Angas Securities Limited (Applicant)
Penrith City Council (Respondent)Representation: Solicitors:
K Gerathy, HWL Ebsworth Lawyers (Applicant)
C Drury, Sparke Helmore Lawyers (Respondent)
File Number(s): 2017/386675 Publication restriction: No
Judgment
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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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979 are:
The Appeal is upheld;
Development Application No. DA17/0831, for the Torrens title subdivision of Lot 1 DP 549247, otherwise known as 88-89 Nepean Gorge Drive, Mulgoa, into two allotments is determined by approval subject to conditions as set out in “Annexure A”.
Each party is to pay its own costs.
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Sarah Bish
Commissioner of the Court
Annexure A (119 KB, pdf)
Decision last updated: 02 August 2018
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