Property Projects Pty Ltd v Maitland City Council
[2017] NSWLEC 1055
•13 February 2017
Land and Environment Court
New South Wales
- Amendment notes
Medium Neutral Citation: Property Projects Pty Ltd v Maitland City Council [2017] NSWLEC 1055 Hearing dates: Conciliation conference on 1 February 2017 Date of orders: 13 February 2017 Decision date: 13 February 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: Property Projects Pty Ltd (Applicant)
Maitland City Council (Respondent)Representation: Grant Long (Applicant)
Anthony Pickup (Respondent)
File Number(s): 2016/293101 Publication restriction: No
Judgment
-
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”.
-
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.
-
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.
-
The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
The appeal is upheld subject to agreed amended conditions.
Development Consent DA14/2276 is modified in accordance with the modified conditions annexed hereto.
…………….
M Chilcott
Commissioner
293101.16 Chilcott (C) (267 KB, pdf)
293101.16 Chilcott - Plans (214 KB, pdf)
Amendments
13 February 2017 - Plans attached
Decision last updated: 13 February 2017
0
0
1