Clift v Gwydir Shire Council

[2018] NSWLEC 1143

Land and Environment Court

New South Wales

Medium Neutral Citation:	Clift v Gwydir Shire Council [2018] NSWLEC 1143
Hearing dates:	Conciliation conference on 1 February 2018, 9 March 2018 and 16 March 2018
Date of orders:	20 March 2018
Decision date:	20 March 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:	William Linden Clift (1st Applicant) Claystone Masonry Pty Ltd (2nd Applicant) Gwydir Shire Council (Respondent)
Representation:	Counsel: Ms Heather Irish (Applicants) Solicitor: Cole & Butler Solicitors (Applicants) Mr Stephen Patterson, Wilshire Webb Staunton Beattie Lawyers (Respondent)
File Number(s):	2017/218296
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. Modification Application No. 33/2016 dated 11 July 2016 for the modification of Development Consent No. 32/87 relating to Lots 5, 6 and 7 DP 264346 is approved subject to the consolidated set of conditions contained in ‘Annexure A’ attached.

……………………….

Sarah Bish

Commissioner of the Court

Annexure A (150 KB, pdf)