Gateway Lifestyle Investments Holdings Pty Limited v MidCoast Council
[2018] NSWLEC 1280
•08 June 2018
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
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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.
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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 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.
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D M Dickson
Commissioner of the Court
Annexure A (207 KB, pdf)
Decision last updated: 12 June 2018
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