Newport Central Pty Ltd v Lake Macquarie City Council

Land and Environment Court New South Wales Medium Neutral Citation: Newport Central Pty Ltd v Lake Macquarie City Council [2016] NSWLEC 1431 Hearing dates:Conciliation conference on 1 July & 30 August 2016Date of orders: 02 September 2016 Decision date: 02 September 2016 Jurisdiction:Class 1Before: Hussey AC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: construction of poultry sheds & free range grazing area & operation of intensive livestock agriculture, building height, stormwater, odour, dust, manure disposal, landscaping, waste management, access/road standards, conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: NEWPORT CENTRAL PTY LTD (Applicant) LAKE MACQAURIE CITY COUNCIL (Respondent) Representation: Solicitors: Mr G Long, Long Legal Pty Ltd (Applicant) Mr A Pickup, Local Government Legal (Respondent) File Number(s):2016/159441Publication restriction:NoJudgment 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)). The...