Millar v Ballina Shire Council

[2019] NSWLEC 1362

Land and Environment Court

New South Wales

Medium Neutral Citation:	Millar v Ballina Shire Council [2019] NSWLEC 1362
Hearing dates:	Conciliation Conference on 30 July 2019
Date of orders:	01 August 2019
Decision date:	01 August 2019
Jurisdiction:	Class 1
Before:	O’Neill C
Decision:	The Court orders: (1) The appeal is upheld. (2) Development Application No. 2018/189 for the erection of a new Colorbond shed on a new slab, detached from the house on the land, at 4 Page Court, Lennox Head (Lot 4, DP 253429) is approved, subject to the conditions of consent at Annexure A.
Catchwords:	DEVELOPMENT APPLICATION ­– conciliation conference – agreement between the parties – orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Wayne Millar (Applicant) Ballina Shire Council (Respondent)
Representation:	Solicitors: M Young, McCartney Young Lawyers (Applicant) C Huegill, Parker & Kissane Lawyers (Respondent)
File Number(s):	2018/392169
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. 2018/189 for the erection of a new Colorbond clad shed on a new concrete slab, detached from the house on the land (the proposal), at 4 Page Court, Lennox Head (the site) by Ballina Shire Council (the Council).

2. The Court arranged a conciliation conference under s 34AA of the Land and Environment Court Act 1979 (LEC Act) between the parties, which has been held on 30 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.

Orders

5. The orders of the Court are:

1. The appeal is upheld.

2. Development Application No. 2018/189 for the erection of a new Colorbond shed on a new slab, detached from the house on the land, at 4 Page Court, Lennox Head (Lot 4, DP 253429) is approved, subject to the conditions of consent at Annexure A.

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Susan O’Neill

Commissioner of the Court

Annexure A (181 KB, pdf)

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Decision last updated: 01 August 2019