Sheep Station Pty Ltd v Murray Shire Council

[2017] NSWLEC 1485

Land and Environment Court

New South Wales

Medium Neutral Citation:	Sheep Station Pty Ltd v Murray Shire Council [2017] NSWLEC 1485
Hearing dates:	Conciliation conference on 4 September 2017
Date of orders:	04 September 2017
Decision date:	04 September 2017
Jurisdiction:	Class 1
Before:	Gray 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:	Sheep Station Pty Ltd (Applicant) Murray Shire Council (Respondent)
Representation:	Solicitor: Mr Shapiro, Henry Davis York (Applicant) Mr Nash, Kell Moore Pty Ktd (Respondent)
File Number(s):	2017/139269
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. 026/16 for a 16 lot neighbourhood subdivision and associated works at Lot 22 in DP 1185216, at Deep Creek Marina, Pericoota Road, NSW 2731 is approved subject to the conditions contained in Annexure "A".

3. Each party to bear their own costs.

……………………….

Commissioner Gray

139269.17 Gray (C) (264 KB, pdf)

Decision last updated: 05 September 2017