Morgan v Wingecarribee Shire Council

Case •

[2018] NSWLEC 1549

•

12 October 2018

No judgment structure available for this case.

Land and Environment Court


New South Wales

Medium Neutral Citation: Morgan v Wingecarribee Shire Council [2018] NSWLEC 1549
Hearing dates: Conciliation conference on 12 October 2018
Date of orders: 12 October 2018
Decision date: 12 October 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: Robert John Morgan (Applicant)
Wingecarribee Shire Council (Respondent)
Representation:

Solicitor:
R Cunningham, Shaw Reynolds Lawyers (Respondent)

Other:
Robert John Morgan, litigant in person (Applicant)
File Number(s): 2018/193524
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. Development consent is approved for residential alterations and additions (shed) subject to the conditions set out in Annexure A.

……………………….

M Chilcott

Commissioner of the Court

Annexure A (52.6 KB, pdf)

Decision last updated: 15 October 2018

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