Carmont v Ballina Shire Council

[2016] NSWLEC 1278

Land and Environment Court

New South Wales

Medium Neutral Citation:	Carmont & ors v Ballina Shire Council [2016] NSWLEC 1278
Hearing dates:	Conciliation conference on 4 July 2016
Date of orders:	05 July 2016
Decision date:	05 July 2016
Jurisdiction:	Class 1
Before:	Fakes C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION; Coastal protection works; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Janice Carmont (First Applicant) Wendy Edwards (Second Applicant) Christine Jambor (Third Applicant) Ballina Shire Council (Respondent)
Representation:	Applicants: Mr P Carmont (Solicitor) Respondent: Ms C Huegill (Solicitor)   Solicitors: Somerville Laundry Lomax (Applicants) Ballina Shire Council (Respondent)
File Number(s):	163072 of 2016
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, 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 appeal is upheld.

2. Development Application 2015/138 for coastal protection works (dry rock retaining wall), removal of vegetation and filling of land is approved subject to the conditions in Annexure “A”.

_____________________

Judy Fakes

Commissioner of the Court

163072.16 Annexure A (231 KB, pdf)