Keith Pike Associates Pty Ltd v The Hills Shire Council [2018] NSWLEC 1118

Land and Environment Court New South Wales

Medium Neutral Citation: Keith Pike Associates Pty Ltd v The Hills Shire Council [2018] NSWLEC 1118 Hearing dates: Conciliation conference on 5 and 7 March 2018 Date of orders: 08 March 2018 Decision date: 08 March 2018 Jurisdiction: Class 1 Before: Walsh 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: Keith Pike Associates Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Solicitors: Mr. Christopher Gough, Storey & Gough Lawyers (Applicant) Mr. Adam Seton, Marsdens Law Group (Respondent) File Number(s): 2017/269177 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 rely on the following plan that is the subject of Development Application No. 2003/2017/JP: DRAWING NO. DESCRIPTION REV PREPARED BY DATE A10a North Elevation 1 Keith Pike Associates January 2018