Kate Singleton Pty Ltd and S J Connelly CPP Pty Ltd Trading as Planners North (ABN 5629149553) v Byron Shire Council

[2017] NSWLEC 1684

Land and Environment Court

New South Wales

Medium Neutral Citation:	Kate Singleton Pty Ltd & S J Connelly CPP Pty Ltd Trading as Planners North (ABN 5629149553) v Byron Shire Council [2017] NSWLEC 1684
Hearing dates:	Conciliation conference on 23 November 2017
Date of orders:	29 November 2017
Decision date:	29 November 2017
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:	Kate Singleton Pty Ltd & S J Connelly CPP Pty Ltd Trading as Planners North (ABN 5629149553) (Applicant) Byron Shire Council (Respondent)
Representation:	Solicitors: Mr M Young, McCartney Young Lawyers (Applicant) Ms K McLellan, Marsdens Law Group (Respondent)
File Number(s):	2017/ 00204048
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. Development consent is granted to Development Application No. 10.2015.405.1 for a two (2) bedroom eco-tourist facility and one (1) bedroom manger’s residence on the land at Lot 2 DP 1131866 (139) Broken Head Reserve Road, Broken Head subject to the Conditions of Consent annexed hereto and marked “A”.

……………………….

Commissioner Chilcott

Conditions of Consent (C) (491 KB, pdf)

Annexure A to Conditions of Consent (185 KB, pdf)

Annexure B to Conditions of Consent (113 KB, pdf)

(Approved Plans) (8.16 MB, pdf)