RD Miller Pty Ltd v Bega Valley Shire Council [2017] NSWLEC 1461

Land and Environment Court New South Wales

Medium Neutral Citation: RD Miller Pty Ltd v Bega Valley Shire Council [2017] NSWLEC 1461 Hearing dates: Conciliation conference on 28 July and 22 August 2017 Date of orders: 24 August 2017 Decision date: 24 August 2017 Jurisdiction: Class 1 Before: Gray C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION – appeal – industrial subdivision - conciliation conference - agreement between the parties - orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: RD Miller Pty Ltd(Applicant) Bega Valley Shire Council (Respondent) Representation: Solicitor: Mr G Hayek, Harrington Lawyers (Applicant) Mr M Mantei, Planning Law Solutions (Respondent) File Number(s): 2017/143300 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 to the applicant to rely on the plans set out in condition 1 of Annexure A. 2. No order as to costs. 3. The appeal is upheld. 4. Development consent is granted to development application number DA 2016.437 for subdivision of Lot 4 DP 1077434, Newtown Road, Bega into 12 allotments and associated civil works, subject to the conditions of consent in Annexure A. ………………………. Commissioner Gray 143300.17 Gray (C) - Anenxure A (304 KB, pdf) 143300.17 Gray - Plans (8.62 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: 25 August 2017