Gosling v Penrith City Council

[2016] NSWLEC 1231

Land and Environment Court

New South Wales

Medium Neutral Citation:	Gosling v Penrith City Council [2016] NSWLEC 1231
Hearing dates:	Conciliation conference on 12 October, 17, 19 November, 17 December 2015, 26 February, 1, 29 April 2016
Date of orders:	26 May 2016
Decision date:	26 May 2016
Jurisdiction:	Class 1
Before:	Dixon C
Decision:	See (4) below
Catchwords:	MODIFICATION APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Ty Gosling (Applicant) Penrith City Council (Respondent)
Representation:	Counsel: Mr M. Seymour (Applicant) Mr C. Drury (Solicitor) (Respondent) Solicitors: Coode & Corry Solicitors (Applicant) Sparke Helmore Lawyers (Respondent)
File Number(s):	2016/00152459 (Formerly 2015/10683)
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, 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 are:

1. The appeal in respect of the property known as Lot 122 in Deposited Plan 709303 at 41 – 47 Jolly Street, Castlereagh, is upheld in part.

2. Modification Application No. DA14 / 0622.02 seeking to amend several conditions relating to the location of approved shed, shed design, operational conditions and lighting is approved subject to the modified conditions contained in Annexure “A”.

3. Development Consent DA 14 / 0622 is now subject to the consolidated modified conditions of development consent set out in Annexure “B”.

…………….

Susan Dixon

Commissioner

152459.16 Dixon (C) - Annexure A (132 KB, pdf)

152459.16 Dixon (C) - Annexure B (241 KB, pdf)