Project 28 Pty Ltd v Minister for Planning [2017] NSWLEC 1033

Land and Environment Court New South Wales

Medium Neutral Citation: Project 28 Pty Ltd v Minister for Planning [2017] NSWLEC 1033 Hearing dates: Conciliation conference on 13 September, 18 October, 22 November, 7, 19 & 20 December 2016 Date of orders: 31 January 2017 Decision date: 31 January 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: Project 28 Pty Ltd (Applicant) Minister for Planning (Respondent) Representation: Mr A Gadiel, Mills Oakley (Applicant) Ms L McAndrew, Department of Planning (Respondent) File Number(s): 2016/178476 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 Applicant is granted leave to rely on the amended plans and documents referred to in the conditions of approval contained in Annexure "A". 2. The appeal is upheld. 3. Modification no. MP08-0194 MOD 3 to modify Project Approval no. MP08-0194 to facilitate a proposed service station and associated food and drink premises located within Kings Forest Precinct 1 on land identified as Lot 7 DP 875447 Tweed Coast Road Kings Forest is determined by approving the modifications set out in Annexure "A". 4. As a consequence of the above Orders, Project Approval no. MP08-0194 is now subject to consolidated, modified conditions of approval set out in Annexure "B". ……………. Commissioner Chilcott 178476.16 Chilcott (C) Annexure A (632 KB, pdf) 178476.16 Chilcott (C) Annexure B (1.34 MB, pdf) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 01 February 2017