Maas Group Properties No. 5 Pty Limited v Mid - Western Regional Council

[2017] NSWLEC 1690

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Maas Group Properties No. 5 Pty Limited v Mid - Western Regional Council [2017] NSWLEC 1690
Hearing dates:	Conciliation conference on 1 December 2017
Date of orders:	01 December 2017
Decision date:	01 December 2017
Jurisdiction:	Class 1
Before:	Gray C
Decision:	See (4) below
Catchwords:	MODIFICATION APPLICATION – subdivision - modification of development consent - agreement between the parties - orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Maas Group Properties No. 5 Pty Limited (Applicant) Mid-Western Regional Council (Respondent)
Representation:	Counsel: Mr R Notley (Applicant) Mr L Mulligan, Solicitor (Respondent) Solicitors: Duffy Elliot Lawyers (Applicant) Lindsay Taylor Lawyers (Respondent)
File Number(s):	2017/280977
Publication restriction:	No

Judgment

1. COMMISSIONER: In this matter, at 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 applicant is granted leave to amend its modification application in accordance with the plan attached to this Agreement at Annexure A.

2. The appeal is upheld.

3. Consent is granted to the modification of development consent DA0152/2015, in accordance with the plan attached at Annexure A and subject to the conditions attached at Annexure B, which are marked up to show the changes to the conditions of the development consent made by the modification application.

……………………….

Commissioner Gray

Annexures A and B(C) (334 KB, pdf)

Amendments

05 December 2017 - Representation corrected.