Hidali Pty Ltd v Minister for Planning and Public Spaces

Judgment

1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No 10064 for the demolition of the existing building and construction of a seven storey building comprising two dual key apartments (or four self-contained apartments), six two-bedroom apartments, two studio apartments, car parking and restaurant, all to be used as tourist accommodation (the proposal), at 30 Diggings Terrace, Thredbo Village (the site) by the Minister for Planning and Public Spaces (the respondent).
2. The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 17-18 November 2020. I presided over the conciliation conference. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties.
3. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision, if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application.
4. There are preconditions to the exercise of power to grant development consent for the proposal.