Tomasy Pty Ltd v Liverpool City Council

[2016] NSWLEC 1263

Land and Environment Court

New South Wales

Medium Neutral Citation:	Tomasy Pty Ltd v Liverpool City Council [2016] NSWLEC 1263
Hearing dates:	Conciliation conference on 14 March, 20 April, 30 May, 22 June 2016
Date of orders:	24 June 2016
Decision date:	24 June 2016
Jurisdiction:	Class 1
Before:	Pearson C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: Drying shed for food and organic waste; waste recycling activity; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Tomasy Pty Ltd (Applicant) Liverpool City Council (Respondent)
Representation:	Counsel: Mr S Nash (Respondent) Solicitors: Mr P Vergotis, McCabes Lawyers (Applicant) Mr I Lacy, Liverpool City Council (Respondent)
File Number(s):	2016/159512
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, 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 are:

1. The appeal is upheld.

2. Development Application No. DA 64/12014 for the erection of a drying shed for receiving, drying and transfer of food organic and green organic waste (FOGO) in conjunction with an existing waste recycling activity at Lots 21 & 22 in Deposited Plan 626.47 (No. 210) Martin Road, Badgerys Creek, NSW is approved subject to the conditions set out in Annexure A.

3. No order as to costs.

…………….

Linda Pearson

Commissioner

159512.16 - Annexure A (448 KB, pdf)

Decision last updated: 24 June 2016