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
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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”.
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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.
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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.
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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.
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".
Each party to bear their own costs.
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Commissioner Gray
139269.17 Gray (C) (264 KB, pdf)
- AGLC
- Sheep Station Pty Ltd v Murray Shire Council [2017] NSWLEC 1485
- Case
- [2017] NSWLEC 1485
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the council's interpretation of the planning scheme was correct and whether the restrictions imposed on the plaintiff's land use were justified under the statutory provisions. The court had to examine the relevant statutory language, the context in which it was used, and the objectives of the planning scheme to determine if the council's actions were reasonable and lawful.
The court found that the council's interpretation of the planning scheme was consistent with the statutory objectives and was not unreasonable. The restrictions imposed on the plaintiff's land use were deemed necessary to achieve the broader goals of the planning scheme, which included environmental protection and sustainable development. The court held that the council had acted within its statutory powers and that the plaintiff's challenge to the council's decision was unsuccessful. Consequently, the plaintiff's appeal was dismissed, and the council's decision was upheld.
ORDERS:
1. Sheep Station Pty Ltd's appeal is dismissed.
2. Costs of the appeal are to be paid by Sheep Station Pty Ltd.
3. The decision of the Murray Shire Council is upheld.
4. No orders for costs below appeal.
Orders
Orders of the court
See (4) below
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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