Ardill Payne and Partners v Ballina Shire Council

[2017] NSWLEC 1418

Land and Environment Court

New South Wales

Medium Neutral Citation:	Ardill Payne and Partners v Ballina Shire Council [2017] NSWLEC 1418
Hearing dates:	Conciliation conference on 26 July 2017
Date of orders:	01 August 2017
Decision date:	01 August 2017
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: appeal against conditions imposed on approval of subdivision - conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Ardill Payne and Partners (Applicant) Ballina Shire Council (Respondent)
Representation:	Solicitor: Mr J Hones, Hones Lawyers Pty Ltd (Applicant) Ms C Huegill, CH Law (Respondent)
File Number(s):	2017/100990
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against conditions imposed on the approval of Development Application DA2016/690 for a 36 lot residential subdivision, construction of road and associated works, at Lot 71 DP628164, Quays Drive, West Ballina.

2. 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”.

3. 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.

4. 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.

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

1. The appeal be upheld.

2. Development Consent is granted to a 36 lot residential subdivision, construction of road and associated works, at Lot 71 DP628164 subject to the conditions in Annexure A.

……………………….

Commissioner Brown

100990.17 Brown (C) (287 KB, pdf)