Southern Highlands Petroleum Pty Ltd v Wingecarribee Shire Council

Land and Environment Court New South Wales Medium Neutral Citation: Southern Highlands Petroleum Pty Ltd v Wingecarribee Shire Council [2015] NSWLEC 1507 Hearing dates:Conciliation conference on 23 November 2015Date of orders: 23 November 2015 Decision date: 23 November 2015 Jurisdiction:Class 1Before: Brown ASC Decision: See (5) below Catchwords: MODIFICATION: redevelopment of existing service station; conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: Southern Highlands Petroleum Pty Ltd (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: Mr C McEwen SC (Applicant) Mr Colin McFadzean (Respondent) Solicitors: Rostron Carlyle Solicitors (Applicant) Swaab Attorneys (Respondent) File Number(s):10699 of 2015Judgment COMMISSIONER: This is an appeal against an application to modify Development Consent No: 14/1044 for the redevelopment of an existing service station at 61 Railway Avenue, Bundanoon. 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...