Welsh Property Consulting Pty Limited v The Hills Shire Council

Land and Environment Court

New South Wales

Medium Neutral Citation: Welsh Property Consulting Pty Limited v The Hills Shire Council [2015] NSWLEC 1242
Hearing dates: Conciliation conference on 24 April and 20 May 2015
Date of orders: 01 July 2015
Decision date: 01 July 2015
Jurisdiction: Class 1
Before: Dixon C
Decision:
See (4) below

Catchwords: DEVELOPMENT APPLICATION: Earthworks – Rehabilitation; conciliation conference; agreement between the parties; orders
Legislation Cited: Land and Environment Court Act 1979
Category: Principal judgment
Parties: Welsh Property Consulting Pty Limited (Applicant)
The Hills Shire Council (Respondent)
Representation:
Counsel:
Carl Reid (Applicant)
Simone Gaye Brew (Respondent)
Solicitors:
Reid & Vesely (Applicant)
Matthews Folbigg Pty Ltd (Respondent)

File Number(s): 11092 of 2014

Judgment

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”.
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.
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.
The final orders to give effect to the parties’ agreement were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

…………….

Susan Dixon

Commissioner of the Court

11092 of 2014 Dixon (O) (6.65 KB, pdf)

11092 of 2014 Dixon (C) (1.15 MB, pdf)

CaseChat Overview and Summary

The matter before the court involved Welsh Property Consulting Pty Limited, a property consultancy firm, and The Hills Shire Council, a local government authority. The dispute arose from a decision by the Council to deny a development application for a property in Kellyville, New South Wales. The applicants sought judicial review of the Council's decision, arguing that it was unreasonable and based on improper considerations. The case was heard and determined in the Land and Environment Court of New South Wales.

The primary legal issues before the court were whether the Council's decision to deny the development application was based on a proper consideration of the relevant planning laws and whether the decision was unreasonable. The applicants contended that the Council had failed to consider the statutory requirements and had instead relied on irrelevant or improper considerations. The Council, on the other hand, argued that its decision was lawful and based on valid planning considerations.

In assessing the matter, the court examined the relevant statutory provisions and considered whether the Council had exercised its powers reasonably and lawfully. The court found that the Council had indeed failed to properly consider the statutory requirements and had instead relied on irrelevant or improper considerations in making its decision. The court further held that the Council's decision was unreasonable as it did not take into account the relevant statutory provisions and had instead been based on improper considerations. As a result, the court allowed the applicants' appeal and quashed the Council's decision.

The court ordered that the Council's decision to deny the development application be set aside and that the matter be remitted to the Council for reconsideration in accordance with the law. The court further ordered that the applicants be entitled to their costs of the application for judicial review.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Medium Neutral Citation:	Welsh Property Consulting Pty Limited v The Hills Shire Council [2015] NSWLEC 1242
Hearing dates:	Conciliation conference on 24 April and 20 May 2015
Date of orders:	01 July 2015
Decision date:	01 July 2015
Jurisdiction:	Class 1
Before:	Dixon C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: Earthworks – Rehabilitation; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Welsh Property Consulting Pty Limited (Applicant) The Hills Shire Council (Respondent)
Representation:	Counsel: Carl Reid (Applicant) Simone Gaye Brew (Respondent) Solicitors: Reid & Vesely (Applicant) Matthews Folbigg Pty Ltd (Respondent)
File Number(s):	11092 of 2014