Chong v Queanbeyan-Palerang Regional Council

[2017] NSWLEC 1548

Land and Environment Court

New South Wales

Medium Neutral Citation:	Chong v Queanbeyan-Palerang Regional Council [2017] NSWLEC 1548
Hearing dates:	29 September 2017
Date of orders:	29 September 2017
Decision date:	29 September 2017
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: construction and operation of a single storey 40 place child care centre; 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:	Chung Lok Chong (Applicant) Queanbeyan-Palerang Regional Council (Respondent)
Representation:	Solicitor: Ms P Rogers, solicitor (Applicant) Ms A Menyhart, Bradley Allen Love Lawyers (Respondent)
File Number(s):	2017/21048
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of Development Application DA.2016.001 for the construction and operation of a single storey 40 place child care centre at 35 Trucking Yard Lane, Bungendore, NSW

2. 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”.

3. 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.

4. 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.

5. 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 rely on the amended plans set out in Annexure "B".

2. The appeal is upheld.

3. Development application (DA.2016.001) for the construction and operation of a single storey 40 place child care centre at 35 Trucking Yard Lane, Bungendore, NSW (contained in Lot 1 in DP12110698) and associated works is approved subject to the conditions set out in Annexure “A.”

……………………….

Commissioner Brown

Annexure A (385 KB, pdf)

Annexure B (1.75 MB, pdf)