John v Mid-Western Regional Council

[2019] NSWLEC 1492

Land and Environment Court

New South Wales

Medium Neutral Citation:	John v Mid-Western Regional Council [2019] NSWLEC 1492
Hearing dates:	Conciliation conference on 4 October 2019
Date of orders:	16 October 2019
Decision date:	16 October 2019
Jurisdiction:	Class 1
Before:	Chilcott C
Decision:	The Court orders that: (1) The applicant is granted leave to rely on the Amended Plan of Subdivision dated June 2019, included at Annexure “A”. (2) The application the subject of these proceedings, made pursuant to section 4.55(8) of the Environmental Planning and Assessment Act 1979, is approved. (3) That development consent granted by this Court in proceedings number 12269 of 2007 for the subdivision of the subject site, and as previously modified by this Court in proceedings number 322910 of 2017 and 76402 of 2018, is further modified subject to the conditions included at Annexure “B”.
Catchwords:	MODIFICATION APPLICATION – subdivision of land – conciliation conference – agreement between the parties – orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Cases Cited:	Matic v Mid-Western Regional Council [2008] NSWLEC 1419
Category:	Principal judgment
Parties:	Hylton Arnold John (Applicant) Mid-Western Regional Council (Respondent)
Representation:	Counsel: S Griffiths (Solicitor) (Applicant) V McGrath (Solicitor) (Respondent)   Solicitors: Bartier Perry (Applicant) Lindsay Taylor Lawyers (Respondent)
File Number(s):	2019/152087
Publication restriction:	No

Judgment

1. COMMISSIONER: Hylton Arnold John (the Applicant) has applied to the Court to further modify the development consent granted by the Court in Matic v Mid-Western Regional Council [2008] NSWLEC 1419, under the Court’s proceedings 2017/12269, and as later modified under proceedings 2017/322910 and 2018/76402. These proceedings, in which Mid-Western Council is the Respondent, relate to the subdivision of land into 11 lots at Lot 2 in DP 730813 and part Lot 102 in DP 755450, also known as 277 White Rock Road, Pinnacle Swamp (the Subject Site).

2. The appeal comes to the Court pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979 (EPA Act), and falls within Class 1 of the Court’s jurisdiction.

3. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the Parties, which has been held on 4 October 2019, and I have presided over the conciliation conference.

4. At the conciliation conference, the Parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the Parties. This decision involved the Court approval of the Applicant’s modification application, subject to conditions.

5. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the Parties’ decision if the Parties’ decision is a decision that the Court could have made in the proper exercise of its functions. The Parties’ decision involves the Court exercising the function under s 4.55(8) of the EPA Act to modify a consent grant by the Court that has been previously modified.

6. The Parties confirmed that the modification application had been notified by the Respondent as required under the provisions of s 4.55(8) of the EPA Act, and that it had considered both of the submissions received in its assessment of the Applicant’s modification application. There are no further jurisdictional prerequisites that must be satisfied before the Court can exercise the functions under s 4.55(8) of the EPA Act.

7. I am satisfied that the Parties’ decision is one that the Court could have made in the proper exercise of its functions, as required by s 34(3) of the LEC Act.

8. As the Parties’ decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the Parties’ decision.

9. The Court orders that:

1. The applicant is granted leave to rely on the Amended Plan of Subdivision dated June 2019, included at Annexure “A”.

2. The application the subject of these proceedings, made pursuant to section 4.55(8) of the Environmental Planning and Assessment Act 1979, is approved.

3. That development consent granted by this Court in proceedings number 12269 of 2007 for the subdivision of the subject site, and as previously modified by this Court in proceedings number 322910 of 2017 and 76402 of 2018, is further modified subject to the conditions included at Annexure “B”.

………………………….

M Chilcott

Commissioner of the Court

Annexure A (979 KB)

Annexure B (254 KB)

**********

Decision last updated: 16 October 2019