Alex Glassington v Byron Shire Council

[2017] NSWLEC 1465

Land and Environment Court

New South Wales

Medium Neutral Citation:	Alex Glassington v Byron Shire Council [2017] NSWLEC 1465
Hearing dates:	Conciliation conference on 15 and 24 August 2017
Date of orders:	28 August 2017
Decision date:	28 August 2017
Jurisdiction:	Class 1
Before:	Smithson C
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:	Alex Glassington (Applicant) Byron Shire Council (Respondent)
Representation:	Solicitors: Mr A Gough, Storey & Gough Lawyers (Applicant) Mr D Baird, Marsdens Law Group (Respondent)
File Number(s):	2017/110775
Publication restriction:	No

Judgment

1. 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”.

2. 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.

3. In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties.

4. The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:

1. The Applicant is given leave to amend the development application by substituting the following plans and documentation as the plans and documentation relied upon for the purpose of the development application:

Plan No.	Description	Project and Issue No.	Prepared by	Dated:
101	Floor Plan – Ground Floor	1607 Issue 30	Marc & Co	18 August 2017
102	Floor Plan – Level 1	1607 Issue 30	Marc & Co	18 August 2017
103	Roof Plan	1607 Issue 30	Marc & Co	18 August 2017
110	Area Plans – GFA	1607 Issue 30	Marc & Co	18 August 2017
200	Elevations	1607 Issue 30	Marc & Co	18 August 2017
201	Elevations	1607 Issue 30	Marc & Co	18 August 2017
400	Shadow Diagram	1607 Issue 26	Marc & Co	12 July 2017
401	Shadow Diagram	1607 Issue 26	Marc & Co	12 July 2017
402	Shadow Diagram	1607 Issue 26	Marc & Co	12 July 2017
403	Shadow Diagram	1607 Issue 26	Marc & Co	12 July 2017
404	Shadow Diagram	1607 Issue 26	Marc & Co	12 July 2017
405	Shadow Diagram	1607 Issue 26	Marc & Co	12 July 2017
406	Shadow Diagram	1607 Issue 26	Marc & Co	12 July 2017
407	Shadow Diagram	1607 Issue 26	Marc & Co	12 July 2017
408	Shadow Diagram	1607 Issue 26	Marc & Co	12 July 2017
409	Shadow Diagram	1607 Issue 26	Marc & Co	12 July 2017
410	Shadow Diagram	1607 Issue 26	Marc & Co	12 July 2017
411	Shadow Diagram	1607 Issue 26	Marc & Co	12 July 2017
412	Shadow Diagram	1607 Issue 26	Marc & Co	12 July 2017
413	Shadow Diagram	1607 Issue 26	Marc & Co	12 July 2017
BASIX Certificate No.	738208M_02	Senica Consultancy Group Pty Ltd	11 August 2017
Statement of Landscape Intent	Issue A	Planit Consulting	August 2017

2. The Applicant is to pay the costs of the Respondent thrown away as a result of amending the development application pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979 in the amount of $5,000.00 within 28 days of the date of this agreement.

3. The appeal is upheld.

4. Development consent is granted to Development Application No. 10.2016.423.1 for a Multi Dwelling Housing development comprising six (6) dwellings, car parking, circulation and landscaped areas on the land described as Lot 8 and 9 DP 1212497 known as 4 & 6 Roundhouse Place, Ocean Shores subject to the conditions of consent annexed hereto and marked “A”.

……………………………………

Commissioner Jenny Smithson

110775.17 Smithson (C) (493 KB, pdf)

110775.17 Smithson - Plans (1.00e+3 KB, pdf)