Pelenoy Constructions Pty Limited v Sutherland Shire Council

Land and Environment Court New South Wales Medium Neutral Citation: Pelenoy Constructions Pty Limited v Sutherland Shire Council [2015] NSWLEC 1459 Hearing dates:Conciliation conference on 3 November 2015Date of orders: 06 November 2015 Decision date: 06 November 2015 Jurisdiction:Class 1Before: Hussey AC Decision: See (4) below Catchwords: Section 96 Modification: Extent of road works adjacent to industrial developments, conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Sutherland Shire LEP 2015 Category:Principal judgmentParties: Pelenoy Constructions Pty Limited (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: Cassandra Graves (Applicant) Janelle Amy (Respondent) Solicitors: Prime Lawyers Pty Limited (Applicant) Sutherland Shire Council (Respondent) File Number(s):10792 of 2015Publication 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 orders made to give effect to the agreement constitute that document. In making the orders to...