Bruce Robertson v Wingecarribee Shire Council

[2017] NSWLEC 1584

Land and Environment Court

New South Wales

Medium Neutral Citation:	Bruce Robertson v Wingecarribee Shire Council [2017] NSWLEC 1584
Hearing dates:	Conciliation conference on 1 September 2017
Date of orders:	06 October 2017
Decision date:	06 October 2017
Jurisdiction:	Class 1
Before:	Dixon 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:	BRUCE ROBERTSON (First Applicant) FIONA ROBERTSON (Second Applicant) WINGECARRIBEE SHIRE COUNCIL (Respondent)
Representation:	Solicitor: Ms J Hewitt, HWL Ebsworth (Applicant) Mr C Shaw, Shaw Reynolds Bowen & Gerathy (Respondent)
File Number(s):	2017/144900
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 applicant is granted leave to amend the development application and rely on the plans referred to in Condition 2 of Annexure “A” to this agreement.

2. The Appeal is upheld.

3. Development Application Number DA17/0195 for the construction of single-storey farm outbuilding at 11 Ormond Street, Sutton Forest is approved subject to the conditions set out in Annexure “A” to this agreement.

4. Pursuant to section 97B of the Environmental Planning and Assessment Act 1979 (NSW), the applicant is to pay the respondent’s costs in the amount of $5000 within 21 days of the date of these orders.

……………………….

Susan Dixon

Commissioner of the Land & Environment Court of NSW

Annexure A (1.16 MB, pdf)

Plans (1.08 MB, pdf)