United Petroleum Pty Ltd v Bega Valley Shire Council

[2018] NSWLEC 1131

Land and Environment Court

New South Wales

Medium Neutral Citation:	United Petroleum Pty Ltd v Bega Valley Shire Council [2018] NSWLEC 1131
Hearing dates:	Conciliation conference on 15 March 2018
Date of orders:	15 March 2018
Decision date:	15 March 2018
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See [5] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	United Petroleum Pty Ltd (Applicant) Bega Valley Shire Council (Respondent)
Representation:	Solicitors: Nicholas Brunton, Norton Rose Fulbright (Applicant) Adam Seton, Marsdens Law Group (Respondent)
File Number(s):	2017/168611
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal by the Applicant against the refusal by Bega Valley Shire Council dated 15 March 2017 of Development Application 2016.505 dated 21 November 2016 for the replacement of an existing petrol pricing sign. The site is on Lot 1 Section 33 DP 758825, located at 39 Quondola Street, Pambula.

2. 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”.

3. 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.

4. 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.

5. 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. Consent is granted to Development Application No. 2016.505 for a petrol pricing advertising sign located on Lot 1 Section 33 DP 758825, otherwise known as 39 Quondola Street, Pambula, subject to the conditions contained in Annexure “A” to this agreement.

……………………….

D M Dickson

Commissioner of the Court

Annexure A (34.2 KB, pdf)