Gordon Highlands Pty Ltd v Byron Shire Council
[2018] NSWLEC 1546
•12 October 2018
Land and Environment Court
New South Wales
Medium Neutral Citation: Gordon Highlands Pty Ltd v Byron Shire Council [2018] NSWLEC 1546 Hearing dates: Conciliation conference on 12 October 2018 Date of orders: 12 October 2018 Decision date: 12 October 2018 Jurisdiction: Class 1 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: Gordon Highlands Pty Ltd (Applicant)
Byron Shire Council (Respondent)Representation: Solicitors:
A Knox, Pikes & Verekers Lawyers (Applicant)
J Corradini-Bird, Marsdens Law Group (Respondent)
File Number(s): 2017/354858 Publication restriction: No
Judgment
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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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979 are:
Appeal upheld.
Development Application DA 2017/198 for two storey mixed use development comprising three ground level commercial tenancies five shop top residential dwellings and car parking for twelve vehicles on land at 9 Station Street, Bangalow 2479 is approved subject to the conditions at annexure "A".
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M Chilcott
Commissioner of the Court
Annexure A (126 KB, pdf)
Decision last updated: 15 October 2018
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