GV Nominee No 1 Pty Ltd v Central Coast Council

[2018] NSWLEC 1328

Land and Environment Court

New South Wales

Medium Neutral Citation:	GV Nominee No 1 Pty Ltd v Central Coast Council [2018] NSWLEC 1328
Hearing dates:	Conciliation conference on 13, 22 and 29 June 2018
Date of orders:	29 June 2018
Decision date:	29 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:	GV Nominee No 1 Pty Ltd (Applicant) Central Coast Council (Respondent)
Representation:	Solicitors: J Farrell, Minter Ellison (Applicant) M Domingo, Central Coast Council (Respondent)
File Number(s):	2017/387835
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal by GV Nominee No 1 Pty Ltd against the deemed refusal by Central Coast Council of DA 1058/2017 for a 15 lot subdivision on proposed lot 2 of the subdivision of Lot 455 DP 786675 31 Bemboka Crescent, Glenning Valley.

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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The appeal is upheld.

2. Consent is granted to development application DA/1058/2017, for a residential subdivision comprising 15 lots at proposed lot 2 in the subdivision of Lot 455 DP 786675 No. 31 Bemboka Crescent, Glenning Valley and Lot 2 DP 1100181, No. 79 Berkeley Road, Berkeley Vale subject the conditions contained in the annexure marked “A” to this agreement.

……………………….

D M Dickson

Commissioner of the Court

Annexure A (256 KB, pdf)