Creel v Hawkesbury City Council

[2018] NSWLEC 1167

Land and Environment Court

New South Wales

Medium Neutral Citation:	Creel v Hawkesbury City Council [2018] NSWLEC 1167
Hearing dates:	Conciliation conference on 8 February, 1, 7, 20 & 29 March, 3 April 2018
Date of orders:	04 April 2018
Decision date:	04 April 2018
Jurisdiction:	Class 1
Before:	Chilcott 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:	Silas Creel (1st Applicant) Katherine Creel (2nd Applicant) Hawkesbury City Council (Respondent)
Representation:	Solicitors: Mr M Jaku, Jaku Legal (Applicant) Mr A Seton, Marsdens Law Group (Respondent)
File Number(s):	2017/264023
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. Leave is granted to the Applicant to rely on the amended plans set out in ‘Annexure A’.

2. The appeal is upheld.

3. Development consent is granted to Development Application No. 0020/17 for a truck depot on Lot 72 in DP 215631, known as 607 Settlers Road, Lower Macdonald, subject to the conditions of consent in ‘Annexure A’.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (61.1 KB, pdf)

Annexure B (Plans) (6.67 MB, pdf)