A.T.B. Morton Pty Ltd v Newcastle City Council

Land and Environment Court New South Wales Medium Neutral Citation: A.T.B. Morton Pty Ltd v Newcastle City Council [2016] NSWLEC 1076 Hearing dates:Conciliation conference on 30 September, 24 November, 2, 18 December 2015, 17 February 2016Date of orders: 17 February 2016 Decision date: 17 February 2016 Jurisdiction:Class 1Before: Hussey AC Decision: See (4) below Catchwords: Development Application: Demolition of existing buildings & construction of four new buildings; Adequacy of vehicular access; drainage & flooding impacts; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: A.T.B. Morton Pty Ltd (Applicant) Newcastle City Council (Respondent) Representation: Counsel: Mr A Pickles SC (Applicant) Solicitors: Ms Michelle Mullard, A.T.B. Morton Pty Ltd (Applicant) Mr James Marshall, Newcastle City Council (Respondent) File Number(s):10557 of 2015Judgment 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”. The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b))....