Ostaford Pty Ltd v Central Coast Council

[2017] NSWLEC 1297

Land and Environment Court

New South Wales

Medium Neutral Citation:	Ostaford Pty Ltd v Central Coast Council [2017] NSWLEC 1297
Hearing dates:	Conciliation Conference on 9 June 2017
Date of orders:	09 June 2017
Decision date:	09 June 2017
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:	Ostaford Pty Limited (Applicant) Central Coast Council (Respondent)
Representation:	Counsel: Mr M Staunton (Applicant) Solicitors: Mr R Walters (Applicant)
File Number(s):	2016/384240
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. Leave is granted to the applicant to rely on the amended plans referred to in condition 1.1 of annexure “A”;

3. Consent is granted to development application 47009/2015, for construction and establishment of drive through, take-away and dine-in restaurant (Carls Jnr) and signage, at Lot 201 DP 1201057, with a street address of 61 Central Coast Highway, West Gosford, NSW subject to the conditions contained in the annexure marked “A” to this agreement.

…………….

M Chilcott

Commissioner of the Court

384240.16 (C).docx (342 KB, pdf)