Monteleone v Griffith City Council

[2018] NSWLEC 1435

Land and Environment Court

New South Wales

Medium Neutral Citation:	Monteleone v Griffith City Council [2018] NSWLEC 1435
Hearing dates:	Conciliation conference on 17 August 2018
Date of orders:	17 August 2018
Decision date:	17 August 2018
Jurisdiction:	Class 1
Before:	Chilcott C
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:	Raymond Monteleone (1st Applicant) Vicky Monteleone (2nd Applicant) Griffith City Council (Respondent)
Representation:	Solicitors: P Vergotis, McCabes Lawyers Pty Ltd (Applicants) J Fan, Pikes & Verekers Lawyers (Respondent)
File Number(s):	2017/383798
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The appeal is upheld.

2. Consent is granted to development application No. 98/2017 for the staged construction of new workshop & truck washing shed, new transportable building and use of existing buildings at Lot 198 DP 751709 known as 2724 Kidman Way, Hanwood subject to the conditions in Annexure A hereto.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (406 KB, pdf)