Michael Flanagan v Gwydir Shire Council

[2016] NSWLEC 1608

Land and Environment Court

New South Wales

Medium Neutral Citation:	Michael Flanagan v Gwydir Shire Council [2016] NSWLEC 1608
Hearing dates:	Conciliation conference on 10 September, 19, 25 October, 18 November & 9 December 2016
Date of orders:	09 December 2016
Decision date:	09 December 2016
Jurisdiction:	Class 1
Before:	Hussey AC
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: Continued use of the property as an animal breeding/training facility & build a number of associated structures, compliance with animal welfare codes, animal waste control, noise, public interest, conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	MICHAEL FLANAGAN (Applicant) GWYDIR SHIRE COUNCIL (Respondent)
Representation:	Mr G Hoddle, Carneys Lawyers Pty Ltd (Applicant) Mr S Patterson, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2016/163232
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. Development Application No. DA-11/2015 for an animal boarding or training establishment being a dog breeding facility on Part Lot 95 DP 554861 also known as 556 Onus Road Copeton is approved subject to the conditions of development consent set out in Annexure “A”.

…………….

Acting Commissioner Hussey

163232.16 Hussey (C) (291 KB, pdf)