Fizelle v Yass Valley Council
[2018] NSWLEC 1121
•12 March 2018
Land and Environment Court
New South Wales
Medium Neutral Citation: Fizelle v Yass Valley Council [2018] NSWLEC 1121 Hearing dates: Conciliation conference on 12 March 2018 Date of orders: 12 March 2018 Decision date: 12 March 2018 Jurisdiction: Class 1 Before: Dixon SC 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: Michaela Fizelle (Applicant)
Yass Valley Council (Respondent)Representation: Solicitors:
Litigant in Person (Applicant)
Gary Green, Pikes& Verekers Law (Respondent)
File Number(s): 2017/302388 Publication restriction: No
Judgment
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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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
The Appeal is upheld;
Development Application DA5.2017.59.1 seeking consent to subdivide Lot 1 DP1075827, known as 204 Back Creek Road, Gundaroo, into 2 Lots is approved subject to the conditions contained in Annexure “A”.
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S Dixon
Senior Commissioner of the Land & Environment Court
Annexure A (77.4 KB, pdf)
Decision last updated: 12 March 2018
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