MTE Developments Pty Ltd v The Hills Shire Council

[2016] NSWLEC 1609

Land and Environment Court

New South Wales

Medium Neutral Citation:	MTE Developments Pty Ltd v The Hills Shire Council [2016] NSWLEC 1609
Hearing dates:	Conciliation conference on 7, 12, 27 October, 1 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: Community Title Subdivision (“rural cluster”) comprising 21 lots, community association, new access road, remnant woodland, flora and fauna impacts, bushfire protection/risk, onsite waste disposal, Aboriginal heritage impacts, contamination, traffic, storm water runoff, conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	MTE DEVELOPMENTS PTY LTD & SFN PROJECTS PTY LTD (Applicant) THE HILLS SHIRE COUNCIL (Respondent)
Representation:	Mr G McKee, McKees Legal Solutions (Applicant) Mr A Seton, Marsdens Law Group (Respondent)
File Number(s):	2016/154277
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 applicant is granted leave to amend the development application and rely on the amended plans referred to in Condition 1 of Annexure “A” to this agreement.

2. The Appeal is upheld.

3. Development Application DA 250/2016/ZD for a rural cluster community title subdivision creating 20 residential lots and 1 community association lot at 579 – 593 Halcrows Road, Cattai, NSW is approved subject to the conditions set out in Annexure “A” to this agreement.

4. The Applicant is to pay to the Respondent costs in the amount of $5,000.00 pursuant to section 97B of the Environmental Planning and Assessment Act 1979 within 28 days of the date of these orders.

…………….

Acting Commissioner Hussey

154277.16 Hussey (C) Annexure A (304 KB, pdf)

154277.16 Hussey (C) - Annexure B to conditions (579 KB, pdf)

154277.16 Hussey (C) - Annexure A to conditions (936 KB, pdf)

154277.16 Hussey - Plans (206 KB, pdf)

154277.16 Hussey - Plans1 (206 KB, pdf)

154277.16 Hussey - Plans2 (271 KB, pdf)

154277.16 Hussey - Plans3 (283 KB, pdf)

154277.16 Hussey - Plans4 (1.06 MB, pdf)

154277.16 Hussey - Plans5 (544 KB, pdf)

154277.16 Hussey - Plans6 (377 KB, pdf)