Gateway Lifestyle Investments Holdings Pty Limited v MidCoast Council

[2018] NSWLEC 1280

Land and Environment Court

New South Wales

Medium Neutral Citation:	Gateway Lifestyle Investments Holdings Pty Limited v MidCoast Council [2018] NSWLEC 1280
Hearing dates:	Conciliation conference on 28 May 2018
Date of orders:	08 June 2018
Decision date:	08 June 2018
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See [5] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Gateway Lifestyle Investments Holdings Pty Limited (Applicant) MidCoast Council (Respondent)
Representation:	Solicitor: S Griffiths, Pikes & Verekers Lawyers (Applicant) A Pickup, Local Government Legal (Respondent)
File Number(s):	2017/361193
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an application by Gateway Lifestyle Investments Holdings Pty Ltd against the deemed refusal by MidCoast Council of an application to modify development consent for the establishment of a manufactured home estate on Lot 1 DP594864 Lewis Street, Old Bar.

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 appeal is upheld.

2. Development Consent DA169/2010 for the establishment of a manufactured home estate on land described as Lot 1, DP 594864, Lewis Street, Old Bar is modified as set out in Annexure A.

……………………….

D M Dickson

Commissioner of the Court

Annexure A (207 KB, pdf)