Rem Gravel Pit Pty Limited v Bega Valley Shire Council

Land and Environment Court New South Wales Medium Neutral Citation: REM Gravel Pit Pty Limited v Bega Valley Shire Council [2015] NSWLEC 1149 Hearing dates:Conciliation conference on 27 April 2015Date of orders: 11 May 2015 Decision date: 11 May 2015 Jurisdiction:Class 1Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: extractive industry; conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: REM Gravel Pit Pty Ltd (Applicant) Bega Valley Shire Council (Respondent) Representation: Counsel: Mr Peter Barber, solicitor(Applicant) Mr Michael Mantei, solicitor(Respondent) Solicitors: Eden Legal & Conveyancing (Applicant) Planning Law Solutions(Respondent) File Number(s):10955 of 2014Publication restriction:NoJudgment COMMISSIONER: This is an appeal against the refusal by Bega Valley Shire Council of Development Application No DA 2013/70 for an extractive industry at Lots 920 and 923 DP 1068957 South Wolumla Road, Wolumla. 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...