Newport Central Pty Ltd v Lake Macquarie City Council

[2016] NSWLEC 1431

Land and Environment Court

New South Wales

Medium Neutral Citation:	Newport Central Pty Ltd v Lake Macquarie City Council [2016] NSWLEC 1431
Hearing dates:	Conciliation conference on 1 July & 30 August 2016
Date of orders:	02 September 2016
Decision date:	02 September 2016
Jurisdiction:	Class 1
Before:	Hussey AC
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: construction of poultry sheds & free range grazing area & operation of intensive livestock agriculture, building height, stormwater, odour, dust, manure disposal, landscaping, waste management, access/road standards, conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	NEWPORT CENTRAL PTY LTD (Applicant) LAKE MACQAURIE CITY COUNCIL (Respondent)
Representation:	Solicitors: Mr G Long, Long Legal Pty Ltd (Applicant) Mr A Pickup, Local Government Legal (Respondent)
File Number(s):	2016/159441
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, 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 subject to agreed conditions.

2. Development Consent is granted to DA 1421/2015 for an intensive livestock agriculture (egg laying poultry sheds) at 72 Valley Crest Road, Cooranbong in accordance with the conditions annexed hereto in Schedule 1

………………………………….

Acting Commissioner Hussey

159441.16 Hussey (C) (299 KB, pdf)