R N & N R Tolsons Management Pty Ltd v Penrith City Council [2018] NSWLEC 1382

Land and Environment Court New South Wales

Medium Neutral Citation: R N & N R Tolsons Management Pty Ltd v Penrith City Council [2018] NSWLEC 1382 Hearing dates: Conciliation conference on 5 June 2018 Date of orders: 25 July 2018 Decision date: 25 July 2018 Jurisdiction: Class 1 Before: O'Neill 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: R N & N R Tolsons Management Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: A Pickles (Applicant) Solicitors: Shaddicks Lawyers (Applicant) C Drury, Sparke Helmore Lawyers (Respondent) File Number(s): 2018/64605 Publication restriction: Nil

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 Applicant is granted leave to amend Development Application DA/17/0579 by substituting the following plan as the plan relied upon for the purpose of the development application: Drawing No. Drawing Title Revision Prepared by Dated 94127:DA:1 Plan of Proposed Subdivision G McKinlay Morgan & Associates Pty Ltd 25/6/2018