Treetop Adventure Park the Hills Pty Ltd v The Hills Shire Council

[2017] NSWLEC 1377

Land and Environment Court

New South Wales

Medium Neutral Citation:	Treetop Adventure Park The Hills Pty Ltd v The Hills Shire Council [2017] NSWLEC 1377
Hearing dates:	Conciliation conference on 15 June, 12 July 2017
Date of orders:	20 July 2017
Decision date:	20 July 2017
Jurisdiction:	Class 1
Before:	Gray C
Decision:	See (4) below
Catchwords:	APPEAL: noise prevention notice - conciliation conference - agreement between the parties - orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	TREETOP ADVENTURE PARK THE HILLS PTY LTD (Applicant) THE HILLS SHIRE COUNCIL (Respondent)
Representation:	Counsel: Mr A Pickles, SC (Applicant) Solicitor: Hones Lawyers (Applicant) Mr S Brew, Matthews Folbigg (Respondent)
File Number(s):	2017/58489
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 and the Prevention Notice issued on 3 February 2017 is set aside.

2. No order as to costs.

3. The applicant is to provide to the respondent by no later than 4 August 2017 an amended Noise Management Plan which incorporates the measures as required by the Prevention Notice and any other measures undertaken voluntarily by the applicant.

……………………….

Commissioner Gray