Byron Highlander Estate Pty Ltd v Kyogle Council

[2017] NSWLEC 1282

Land and Environment Court

New South Wales

Medium Neutral Citation:	Byron Highlander Estate Pty Ltd v Kyogle Council [2017] NSWLEC 1282
Hearing dates:	Conciliation conference on 2 June 2017
Date of orders:	05 June 2017
Decision date:	05 June 2017
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (4) below
Catchwords:	ORDER : order revoked following grant of consent to free range piggery; conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Byron Highlander Estate Pty Ltd (Applicant) Kyogle Council (Respondent)
Representation:	Solicitor: Mr M Cottom, HWL Ebsworth Lawyers (Applicant) Ms C Huegill, CH Law (Respondent)
File Number(s):	2016/232553
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. The order dated 15 July 2016 given by the respondent to the applicants to cease using the premises described as Lot 12 DP 1065804 known as 126 Studders Lane, Cedar Point for the purpose of intensive livestock agriculture is revoked.

3. No order as to costs.

……………………….

G Brown

Commissioner