RG Capital (Australia) Pty Limited v Wingecarribee Shire Council [2018] NSWLEC 1557

Land and Environment Court New South Wales

Medium Neutral Citation: RG Capital (Australia) Pty Limited v Wingecarribee Shire Council [2018] NSWLEC 1557 Hearing dates: Conciliation conference on 19 October 2018 Date of orders: 19 October 2018 Decision date: 19 October 2018 Jurisdiction: Class 1 Before: Chilcott 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: RG Capital (Australia) Pty Limited (Applicant) Wingecarribee Shire Council (Respondent) Representation: Solicitors: M Mazzone, Diamond Conway (Applicant) R Cunningham, Shaw Reynolds Lawyers (Respondent) File Number(s): 2017/382951 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 s 34(3) of the Land and Environment Court Act 1979 are: 1. The appeal is upheld. 2. Consent is granted to modify development consent LUA11/0724.05 by modifying consent condition 46(c)(ii)(a) as set out in the conditions of consent annexed hereto and marked "A". 3. The Applicant is granted leave to modify development consent LUA11/0724.05 to include the following additional plans to be relied upon for the purpose of amending condition 46(c)(ii)(a): Drawing(s) Reference/ Version Prepared By Dated Plan, Long Section and Cross Sections of B.A.R. Drawing No. 17958.03 Issue D LandTeam 19 July 2018 Option 2 Erith St Half Road Construction & BAR Drawing No. 137958 Issue E LandTeam 14 September 2018 Pavement Details Dominic Lucas of Wingecarribee Shire Council 20 September 2018