Hylton v Mid Western Regional Council

[2018] NSWLEC 1207

Land and Environment Court

New South Wales

Medium Neutral Citation:	Hylton v Mid Western Regional Council [2018] NSWLEC 1207
Hearing dates:	Conciliation conference on 27 April 2018
Date of orders:	27 April 2018
Decision date:	27 April 2018
Jurisdiction:	Class 1
Before:	Dixon SC
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:	Arnold John Hylton (Applicant) Mid Western Regional Council (Respondent)
Representation:	Solicitors: D Creais, Bartier Perry (Applicant) M Hawley, Lindsay Taylor Lawyers (Respondent)
File Number(s):	2018/76402
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 modification application made by the applicant to the Land and Environmental Court and dated 8 March 2018, for the deletion of Condition 31 of the development consent granted by the Court in proceedings 11269 of 2007 (‘Consent’).

3. The Consent is now subject to the conditions attached as Annexure A, which are marked up to show the changes made by the modification.

……………………….

Susan Dixon

Senior Commissioner of the Court

Annexure A (45.1 KB, pdf)