Walker Gillieston Heights Pty Ltd v Maitland City Council

[2017] NSWLEC 1478

Land and Environment Court

New South Wales

Medium Neutral Citation:	Walker Gillieston Heights Pty Ltd v Maitland City Council [2017] NSWLEC 1478
Hearing dates:	Conciliation conference on 1 September 2017
Date of orders:	01 September 2017
Decision date:	01 September 2017
Jurisdiction:	Class 1
Before:	Gray C
Decision:	See (4) below
Catchwords:	MODIFICATION APPLICATION - conciliation conference - agreement between the parties - orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Walker Gillieston Heights Pty Ltd (Applicant) Maitland City Council (Respondent)
Representation:	Solicitor: Mr Brazier, Mills Oakley (Applicant) Mr S Simington, Lindsay Taylor Lawyers (Respondent)
File Number(s):	2017/145646
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.

2. The application to modify consent DA08-122 to facilitate a staged residential subdivision located at 369 Cessnock Road, Gillieston Heights (lot 122 DP1116927), 427 Cessnock Road, Gillieston Heights (Lot 10 DP573032) and 353 Cessnock Road, Gillieston Heights (lot 121 DP1116927) is determined by approving the application conditionally by the modifications set out in Annexure “A”.

3. As a consequence of order (2), development consent DA08-122 is now subject to consolidated, modified conditions of approval set out in Annexure “B”.

……………………….

Commissioner Gray

Annexure A (126 KB, pdf)

Annexure B (282 KB, pdf)

Decision last updated: 01 September 2017