Gilligan v Yass Valley Council

[2018] NSWLEC 1139

Land and Environment Court

New South Wales

Medium Neutral Citation:	Gilligan v Yass Valley Council [2018] NSWLEC 1139
Hearing dates:	Conciliation conference on 2 March 2018
Date of orders:	19 March 2018
Decision date:	19 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 Environmental Planning and Assessment Act 1979
Category:	Principal judgment
Parties:	Michael Gilligan (Applicant) Yass Valley Council (Respondent)
Representation:	Solicitors: Litigant in person (Applicant) Gary Green, Pikes and Verekers Lawyers (Respondent)
File Number(s):	2017/302787
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 Applicant is granted leave to amend its application to rely on the plan referred to at condition A(1) of the Conditions of Consent annexed to this agreement at Annexure A.

2. The Appeal is upheld

3. Development Application 5.2017.3.1 for a 3 Lot subdivision of Lot 1 DP787765 being 271 Sibley, Gundaroo is approved subject to the conditions contained in Annexure “A”.

4. The amendment to the application in Order 1 is minor and does not require the payment of costs pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979.

……………………….

Sarah Bish

Commissioner of the Court

Annexure A (87.7 KB, pdf)

Annexure B Plans (554 KB, pdf)

Decision last updated: 19 March 2018