NGK 2000 Pty Ltd v The Hills Shire Council

[2017] NSWLEC 1482

Land and Environment Court

New South Wales

Medium Neutral Citation:	NGK 2000 Pty Ltd v The Hills Shire Council [2017] NSWLEC 1482
Hearing dates:	Conciliation conference on 4 September 2017
Date of orders:	04 September 2017
Decision date:	04 September 2017
Jurisdiction:	Class 1
Before:	Maston AC
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	NGK 2000 Pty Ltd (Applicant) The Hills Shire Council (Respondent)
Representation:	Solicitors: Mr J Palmer, Pikes & Verekers Lawyers (Applicant) Mr C Winn, The Hill Shire Council (Respondent)
File Number(s):	2017/141870
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 Appeal is upheld.

2. Modification Application DA781/2005/HC/C, seeking a modification to Condition 38 of Development Consent DA781/2005/HC to vary Section 94 Contributions is approved subject to the revised Condition 38 set out at Annexure “A”.

3. As a consequence of Orders 1 and 2, Development Consent DA781/2005/HC is now subject to the consolidated, modified conditions of Development Consent set out in Annexure “B”.

……………………….

Acting Commissioner Maston

141870.17 Maston - Annexure A (16.5 KB, pdf)

141870.17 Maston - Annexure B (281 KB, pdf)