Winten (No 21) Pty Ltd v Lake Macquarie City Council and Anor

[2017] NSWLEC 1728

Land and Environment Court

New South Wales

Medium Neutral Citation:	Winten (No 21) Pty Ltd v Lake Macquarie City Council & Anor [2017] NSWLEC 1728
Hearing dates:	Conciliation conference on 7 December 2017
Date of orders:	15 December 2017
Decision date:	15 December 2017
Jurisdiction:	Class 1
Before:	Dixon C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Winten (No 21) Pty Ltd (Applicant) Lake Macquarie City Council (First Respondent) Secretary, Department of Planning and Environment (Second Respondent)
Representation:	Solicitors: Ms C Covington, Corrs Chambers Westgarth (Applicant) Ms H Sexton, Lake Macquarie City Council (in house Counsel) (First Respondent) Department of Planning NSW (Submitting appearance) (Second Respondent)
File Number(s):	2017/200569
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. Development Application no. 1936/2016 for subdivision of Lot 30 in DP1214525 into 594 residential lots, 2 super lots, 17 drainage reserves, 3 public reserves and 1 local park, associated roads, infrastructure, services, bulk earthworks and the provision of open space is approved, subject to the conditions set out in Annexure "A".

……………………….

S Dixon

Commissioner of the Court

Annexure A (C) (475 KB, pdf)