Graeme Spackman v Lachlan Shire Council

[2017] NSWLEC 1524

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Graeme Spackman v Lachlan Shire Council [2017] NSWLEC 1524
Hearing dates:	Conciliation conference on 22 September 2017
Date of orders:	22 September 2017
Decision date:	22 September 2017
Jurisdiction:	Class 1
Before:	Chilcott C
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:	Graeme Spackman (Applicant) Lachlan Shire Council (Respondent)
Representation:	Solicitors: Mr P Crennan, McIntosh Mc Phillamy & Co. Solicitors (Applicant) Mr J Griffiths, Moray & Agnew (Newcastle) (Respondent)
File Number(s):	2017/148389
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 file the amended plan identified as Site Plan September 2017.

2. The Appeal is upheld.

3. Consent is granted to development application 2016/0029 for a dwelling, detached shed and boundary fence on Lot 31 Deposited Plan 807084 Wells Street Curlew Waters subject to the conditions in Annexure ‘A’.

……………………….

Commissioner Chilcott

Annexure A (C) (242 KB, pdf)

Amendments

09 October 2017 - Correction to Date of Orders

Decision last updated: 09 October 2017