GV Nominee No. 1 Pty Ltd v Central Coast Council

[2017] NSWLEC 1628

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	GV Nominee No. 1 Pty Ltd v Central Coast Council [2017] NSWLEC 1628
Hearing dates:	Conciliation conference on 7 November 2017
Date of orders:	09 November 2017
Decision date:	09 November 2017
Jurisdiction:	Class 1
Before:	Dixon 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:	GV Nominee No. 1 Pty Ltd (Applicant) Central Coast Council (Respondent)
Representation:	Solicitors: Minter Ellison (Applicant) Central Coast Council (Respondent)
File Number(s):	2016/178238
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 appeal is upheld.

2. Consent is granted to development application 1438/2015, for a residential subdivision comprising 127 lots, at Lot 2 DP 1100181, at 79 Berkeley Road, Berkeley Vale, subject to the conditions contained in the annexure marked “A” to this agreement.

……………………….

Susan Dixon

Commissioner of the Land and Environment Court of NSW

Annexure A (C) (341 KB, pdf)

Amendments

10 November 2017 - Cover sheet amended - clerical error.

Decision last updated: 10 November 2017