RD Miller Pty Ltd v Bega Valley Shire Council

[2017] NSWLEC 1461

Land and Environment Court

New South Wales

Medium Neutral Citation:	RD Miller Pty Ltd v Bega Valley Shire Council [2017] NSWLEC 1461
Hearing dates:	Conciliation conference on 28 July and 22 August 2017
Date of orders:	24 August 2017
Decision date:	24 August 2017
Jurisdiction:	Class 1
Before:	Gray C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION – appeal – industrial subdivision - conciliation conference - agreement between the parties - orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	RD Miller Pty Ltd(Applicant) Bega Valley Shire Council (Respondent)
Representation:	Solicitor: Mr G Hayek, Harrington Lawyers (Applicant) Mr M Mantei, Planning Law Solutions (Respondent)
File Number(s):	2017/143300
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. Leave is granted to the applicant to rely on the plans set out in condition 1 of Annexure A.

2. No order as to costs.

3. The appeal is upheld.

4. Development consent is granted to development application number DA 2016.437 for subdivision of Lot 4 DP 1077434, Newtown Road, Bega into 12 allotments and associated civil works, subject to the conditions of consent in Annexure A.

……………………….

Commissioner Gray

143300.17 Gray (C) - Anenxure A (304 KB, pdf)

143300.17 Gray - Plans (8.62 MB, pdf)