NGK 2000 Pty Ltd v The Hills Shire Council [2017] NSWLEC 1482

Land and Environment Court New South Wales

Medium Neutral Citation: NGK 2000 Pty Ltd v The Hills Shire Council [2017] NSWLEC 1482 Hearing dates: Conciliation conference on 4 September 2017 Date of orders: 04 September 2017 Decision date: 04 September 2017 Jurisdiction: Class 1 Before: Maston AC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: NGK 2000 Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Solicitors: Mr J Palmer, Pikes & Verekers Lawyers (Applicant) Mr C Winn, The Hill Shire Council (Respondent) File Number(s): 2017/141870 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. Modification Application DA781/2005/HC/C, seeking a modification to Condition 38 of Development Consent DA781/2005/HC to vary Section 94 Contributions is approved subject to the revised Condition 38 set out at Annexure "A". 3. As a consequence of Orders 1 and 2, Development Consent DA781/2005/HC is now subject to the consolidated, modified conditions of Development Consent set out in Annexure "B". ………………………. Acting Commissioner Maston 141870.17 Maston - Annexure A (16.5 KB, pdf) 141870.17 Maston - Annexure B (281 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: 04 September 2017