Tipglen Pty Limited v Wingecarribee Shire Council

[2018] NSWLEC 1268

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Tipglen Pty Limited v Wingecarribee Shire Council [2018] NSWLEC 1268
Hearing dates:	Conciliation conference on 30 May 2018
Date of orders:	01 June 2018
Decision date:	01 June 2018
Jurisdiction:	Class 1
Before:	Bish C
Decision:	See [4] below
Catchwords:	DEVELOPMENT APPLICATION: 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:	Tipglen Pty Limited (Applicant) Wingecarribee Shire Council (Respondent)
Representation:	Counsel: S Nash (Applicant) Solicitor: Allsop Glover (Applicant) C Shaw, Shaw Reynolds (Respondent)
File Number(s):	2017/155189
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 Applicant is granted leave to amend the development application by substituting the following plans and documentation as the plans and documentation relied upon for the purpose of the development application:

2. The appeal is upheld.

3. Development consent is granted to Development Application No. 16/1109 for the for the subdivision of land into fifteen (15) residential lots at 17 Wembley Rd, Moss Vale, subject to the conditions of consent annexed hereto and marked “A”.

4. Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the applicant is to pay the respondent’s costs in the amount of $22,393.40, inclusive of GST to be paid on exchange of this agreement.

……………………….

Sarah Bish

Commissioner of the Court

Annexure A (480 KB, pdf)

Amendments

07 June 2018 - Pursuant to UCPR 36.17, the slip rule, amend orders of 1 June 2018 namely the table contained in 4(1) of the section 34 Judgment and the table of plans at Condition 2 of Annexure A