BP Australia Pty Ltd v Tweed Shire Council [2017] NSWLEC 1447

Land and Environment Court New South Wales

Medium Neutral Citation: BP Australia Pty Ltd v Tweed Shire Council [2017] NSWLEC 1447 Hearing dates: Conciliation Conference on 14 August 2017 Date of orders: 24 August 2017 Decision date: 24 August 2017 Jurisdiction: Class 1 Before: Smithson C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: BP Australia Pty Ltd (Applicant) Tweed Shire Council (Respondent) Representation: Counsel: Ms A Hemmings (Applicant)

Solicitors: Ms L Camenzuli, Corrs Chambers Westgarth (Applicant) Mr A Seton, Marsdens Law Group (Respondent) File Number(s): 104993 of 2017 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. DA10/0737 for alterations to existing highway service centre comprising of two (2) diesel refuelling points, expansion of truck refuelling canopy, new truck parking area (30 new bays), and the replacement of existing truck parking area with additional car parking spaces and dedicated bus drop-off area at Lot 1 DP1127741 and Lot 2 DP1010771; No 1 Ozone Street, Chinderah, is approved, subject to the conditions set out in Annexure "A". ……………. J Smithson Commissioner 104993.17 (Annexure A) (241 KB, pdf) 104993.17 (Letter-Annexure A) (887 KB, 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: 24 August 2017