Land and Environment Court New South Wales Medium Neutral Citation: Lyons v Bega Valley Shire Council [2015] NSWLEC 1064 Hearing dates: Conciliation conference on 11 November 2014, 9 December 2014, 7 January 2015 and 9 February 2015 Date of orders: 16 March 2015 Decision date: 16 March 2015 Jurisdiction: Class 1 Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: Construction of educational establishment; 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: Michael Lyons (Applicant) Bega Valley Shire Council (Respondent) Representation: Counsel: Ms M - L Saw, barrister (Applicant) Mr M McMahon, solicitor (Respondent) Solicitors: – (Applicant) M E McMahon & Associates (Respondent) File Number(s): 10782 of 2014 Publication restriction: No Judgment 1. COMMISSIONER: This an appeal against the refusal of DA No: 2012/217 by Bega Valley Shire Council for the construction of an educational establishment at Lots 112, 113 and 115 Kulbardi Close, Bournda. 2. 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". 3. 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. 4. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties. 5. The final orders to give effect to the parties' agreement were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders. ……………. G T Brown Commissioner of the Court 10782 of 2014 - Order (70.2 KB, pdf) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 25 March 2015