Penrith Lakes Development Corporation Ltd v Minister administering the Environmental Planning and Assessment Act 1979

Land and Environment Court New South Wales Case Name:  Penrith Lakes Development Corporation Ltd v Minister administering the Environmental Planning and Assessment Act 1979 Medium Neutral Citation:  [2015] NSWLEC 1170 Hearing Date(s):  Conciliation conference on 11 May 2015 Date of Orders: 14 May 2015 Decision Date:  14 May 2015 Jurisdiction:  Class 1 Before:  Moore SC 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:  Penrith Lakes Development Corporation Ltd (Applicant) Minister administering the Environmental Planning and Assessment Act 1979 (Respondent) Representation:  Counsel: Ms H Irish, barrister  (Applicant) Ms L McAndrew, solicitor (Respondent) Solicitors: King & Wood Mallesons  (Applicant) Department of Planning (Respondent) File Number(s):  10133 of 2015 JUDGMENTCOMMISSIONER: 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...