Hylton Arnold John v Mid-Western Regional Council

[2018] NSWLEC 1021

Land and Environment Court

New South Wales

Medium Neutral Citation:	Hylton Arnold John v Mid-Western Regional Council [2018] NSWLEC 1021
Hearing dates:	Conciliation conference on 19 January 2018
Date of orders:	19 January 2018
Decision date:	19 January 2018
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPEAL: application seeks to modify development consent issued by Court; Road upgrade conditions; conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Hylton Arnold John (Applicant) Mid-Western Regional Council (Respondent)
Representation:	Solicitors: Bartier Perry (Applicant) Lindsay Taylor Lawyers (Respondent)
File Number(s):	2017/322910
Publication restriction:	No

Judgment

1. COMMISSIONER: This application is made pursuant to section 96(1A) of the Environmental Planning and Assessment Act 1979 and seeks to modify conditions of the consent issued by the Court in previous proceedings (matter number 11269 of 2007). The conditions sought to be modified relate to works in White Rock Road, Pinnacle Swamp.

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 s34(3) of the Land and Environment Court Act 1979 are:

1. The appeal is upheld.

2. Consent is granted to modification application MA0030/2017, subject to the conditions attached at Annexure A, which are marked up to show the changes made by the modification application to the conditions of the development consent granted by the Court in proceedings 11269 of 2007.

……………………….

Commissioner D Dickson

Commissioner of the Court

Annexure A (238 KB, pdf)