Project 28 Pty Ltd v Minister for Planning [2018] NSWLEC 1364

Land and Environment Court New South Wales

Medium Neutral Citation: Project 28 Pty Ltd v Minister for Planning [2018] NSWLEC 1364 Hearing dates: Conciliation conference on 29 June 2018 Date of orders: 17 July 2018 Decision date: 17 July 2018 Jurisdiction: Class 1 Before: Smithson C Decision: See [4] below Catchwords: MODIFICATION APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Project 28 Pty Ltd (Applicant) Minister for Planning (Respondent) Representation: Counsel: N Kelly (Respondent) Solicitors: A Gadiel, Mills Oakley (Applicant) Department of Planning and Environment (Respondent) File Number(s): 2018/103952 & 2018/103957 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. Appeal number 2018/103952 is dismissed. 2. Appeal number 2018/103957 is upheld. 3. The modification request MP08_0194 MOD 7 to modify Project Approval 08_0194 to extend the time for physical commencement of works and to clarify that a construction certificate may be issued under the project approval for the carrying out of investigative and monitoring work is determined by approving the following modifications: 1. modifications set out in Annexure 'A'; 2. inserting the modifications set out in Annexure 'B' as a new attachment 1 of the project approval; and 3. inserting the document set out in Annexure 'C' as a new attachment 2 of the project approval. ………………………….. Commissioner Smithson Annexure A Annexure B Annexure C 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: 17 July 2018