Winten (No 21) Pty Ltd v Newcastle City Council and Secretary, Department of Planning and Environment

[2017] NSWLEC 1736

Land and Environment Court

New South Wales

Medium Neutral Citation:	Winten (No 21) Pty Ltd v Newcastle City Council & Secretary, Department of Planning and Environment [2017] NSWLEC 1736
Hearing dates:	Conciliation conference on 17 October, 15 & 28 November, 5 & 14 December 2017
Date of orders:	19 December 2017
Decision date:	19 December 2017
Jurisdiction:	Class 1
Before:	Chilcott 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 v Department of Planning and Environment(Applicant) Newcastle City Council(Respondent) Secretary, Department of Planning and Environment (2nd Respondent)
Representation:	Counsel: Mr I Hemmings SC (Applicant) Ms F Berglund (1st & 2nd Respondent) Solicitors: Corrs Chambers Westgarth (Applicant) Newcastle City Council (1st Respondent) Secretary, Department of Planning and Environment (2nd Respondent)
File Number(s):	2017/150695
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. Leave is granted for the parties to rely upon the amended plans referred to in the conditions set out in Annexure “A”.

2. The appeal is upheld.

3. Development application No. 2015/10393 for subdivision of Lot 2 in DP 1230960 and Lot 3 in DP 1230960 into 295 lots, 7 super lots, 4 drainage reserves, 2 public reserves and 3 residual lots, plus associated roads, infrastructure, bulk earthworks, open space and signage, is approved, subject to the conditions set out in Annexure ‘A’.

……………………….

Commissioner Chilcott

Annexure A (C)