Muscat Developments Pty Ltd v Wollondilly Shire Council

[2018] NSWLEC 1554

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Muscat Developments Pty Ltd v Wollondilly Shire Council [2018] NSWLEC 1554
Hearing dates:	Conciliation conference on 17 October 2018
Date of orders:	18 October 2018
Decision date:	18 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:	Muscat Developments Pty Ltd (Applicant) Wollondilly Shire Council (Respondent)
Representation:	Counsel: J Smith (Applicant) S Nash (Respondent) Solicitors: C A Williams Legal (Applicant) Marsdens Law Group (Respondent)
File Number(s):	2017/237952
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. Leave is granted to rely upon the amended and additional material set out in Annexure A.

2. The appeal is upheld.

3. Development consent is granted to Development Application No. 10.2017.174.1 for the construction and use of an intensive livestock industry (Poultry) including 8 Poultry Sheds, 2 machinery Sheds, Composting and Litter Sheds, Office Workers Amenities, Bulk Earthworks and Associated Infrastructure at Lot 11 DP 664430, No. 440 Cawdor Road, Cawdor in accordance with the Conditions in Annexure “A”.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (472 KB, pdf)

Attachment A (1.76 MB, pdf)

Amendments

23 October 2018 - Attachment A uploaded (previous omitted)