Glen Wright v Ballina Shire Council

[2018] NSWLEC 1035

Land and Environment Court

New South Wales

Medium Neutral Citation:	Glen Wright v Ballina Shire Council [2018] NSWLEC 1035
Hearing dates:	Conciliation conference on 1 February 2018
Date of orders:	01 February 2018
Decision date:	01 February 2018
Jurisdiction:	Class 2
Before:	Chilcott 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:	Glen Wright (Applicant) LLCP Pty Ltd (Second Applicant) Ballina Shire Council (Respondent)
Representation:	Solicitor: Michael Young, McCartney Young Lawyers (Applicant) Felicity Rourke, Allens (Respondent)
File Number(s):	2017/127102
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 appeal is upheld.

2. The Order issued by Council under section 124 of the Local Government Act 1993 dated 4 April 2017 in relation to the Premises at 344 South Ballina Beach Road South Ballina NSW (Lot 10 DP 544706) be modified in accordance with the terms set out in Annexure "A".

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (30.2 KB, pdf)