Land and Environment Court New South Wales Medium Neutral Citation: Lema v Wingecarribee Shire Council [2018] NSWLEC 1191 Hearing dates: Conciliation conference on 12 April 2018 Date of orders: 19 April 2018 Decision date: 19 April 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: Peter Lema (First Applicant) Tracey Denise Mitchell (Second Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: Mr M Staunton, barrister (Applicant) Mr Christopher Shaw, solicitor (Respondent) Solicitors: B Bilinsky & Co (Applicant) Shaw Reynolds Lawyers (Respondent) File Number(s): 2017/307994 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 clause 4.6 objection to the minimum lot size in clause 4.1 of the Wingecarribee Local Environmental Plan 2010 contained in the Statement of Environmental Effects prepared by LandTeam dated 10 November 2016 is upheld. 2. The appeal is upheld. 3. Development Application No. 16/1322 for the subdivision of lot 61 in deposited plan 882829 into 3 lots at 7 Huxley Street, Mittagong is approved subject to the conditions contained in Annexure "A". ………………………. Peter Walsh Commissioner of the Court Annexure A (167 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: 19 April 2018