Romeo and Caroline Atra Pty Ltd ATF the Atra Family Trust (ACN 0077383 049) v Wingecarribee Shire Council

[2017] NSWLEC 1750

Land and Environment Court

New South Wales

Medium Neutral Citation:	Romeo & Caroline Atra Pty Ltd ATF the Atra Family Trust (ACN 0077383 049) v Wingecarribee Shire Council [2017] NSWLEC 1750
Hearing dates:	Conciliation conference on 21 December 2017
Date of orders:	09 January 2018
Decision date:	09 January 2018
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: demolition of existing buildings, erection and use of building as a restaurant, erection and use of structure as a carwash, signage, landscaping and associated civil and stormwater works 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:	Romeo & Caroline Atra Pty Ltd ATF the Atra Family Trust (ACN 0077383 049) (Applicant) Wingecarribee Shire Council (Respondent)
Representation:	Solicitors: Mr J Cole, HWL Ebsworth Lawyers (Applicant) Mr C Shaw, Shaw Reynolds Lawyers(Respondent)
File Number(s):	2017/236184
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. Development Application No. 17/0451 for the demolition of existing buildings, erection and use of building as a restaurant, erection and use of structure as a carwash, signage, landscaping and associated civil and stormwater works at 51-55 Main Street, Mittagong is approved subject to the conditions in Annexure A.

3. Section 97B costs of $10,000 are to be paid within 28 days.

……………………….

Commissioner Brown

Annexure A (C) (649 KB, pdf)