Lismore Venture Pty Ltd v Byron Shire Council

[2019] NSWLEC 1392

Land and Environment Court

New South Wales

Medium Neutral Citation:	Lismore Venture Pty Ltd v Byron Shire Council [2019] NSWLEC 1392
Hearing dates:	Conciliation on 29 July 2019
Date of orders:	23 August 2019
Decision date:	23 August 2019
Jurisdiction:	Class 1
Before:	O’Neill C
Decision:	The Court orders: (1)   The applicant is granted leave to amend the application by relying on the amended documentation listed in condition 1 of the conditions of consent at Annexure A. (2) The Applicant is to pay the Respondent’s costs thrown away as a result of the amendment of the application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $6,200 within 28 days of these orders. (3)   The appeal is upheld. (4)   Development Application No. 10.2018.591.1 for the demolition of existing structures and construction of multi-dwelling housing comprising 6 units is approved, subject to the conditions of consent at Annexure A.
Catchwords:	DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders
Legislation Cited:	Byron Local Environmental Plan 2014 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Lismore Venture Pty Ltd (Applicant) Byron Shire Council (Respondent)
Representation:	Counsel: V Conomos (Solicitor)(Applicant) C Rose (Solicitor)(Respondent)   Solicitors: Conomos Legal (Applicant) Swaab (Respondent)
File Number(s):	2019/9594
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No 10.2018.591.1 for construction of a multi-dwelling housing comprising 6 units (the proposal) at 28 Argyle Street, Mullumbimby (the site) by Byron Shire Council (the Council).

2. The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties, which has been held on 29 July 2019. I presided over the conciliation conference.

3. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties.

4. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision, if the parties’ decision is a decision that the Court could have made in the proper exercise of its functions. The parties’ decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application.

5. I am satisfied that the proposal is permissible under the Byron Local Environmental Plan 2014 and that the decision is a decision that the Court could have made in the proper exercise of its functions.

Orders

6. The orders of the Court are:

1. The applicant is granted leave to amend the application by relying on the amended documentation listed in condition 1 of the conditions of consent at Annexure A.

2. The Applicant is to pay the Respondent’s costs thrown away as a result of the amendment of the application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $6,200 within 28 days of these orders.

3. The appeal is upheld.

4. Development Application No 10.2018.591.1 for the demolition of existing structures and construction of multi-dwelling housing comprising 6 units is approved, subject to the conditions of consent at Annexure A.

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Susan O’Neill

Commissioner of the Court

Annexure A (420 KB, pdf)

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