Samm v Ballina Shire Council [2016] NSWLEC 1295

Land and Environment Court New South Wales

Medium Neutral Citation: Samm v Ballina Shire Council [2016] NSWLEC 1295 Hearing dates: Conciliation conference on 15 July 2016 Date of orders: 15 July 2016 Decision date: 15 July 2016 Jurisdiction: Class 1 Before: Tuor C Decision: See (4) below Catchwords: DEVELOPMENT CONSENT: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Nicole Samm (Applicant) Ballina Shire Council (Respondent) Representation: Dr Smith (Applicant) Mr Nash (Respondent)

Solicitors: McCartney Young Lawyers (Applicant) CH Law (Respondent) File Number(s): 2016/163045 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, 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. The application to modify development consent DA 2015/145.3 (being with respect to the property legally described as Lot 1 and 2 DP 507039 and located at cnr Old Pacific Highway and Brooklet Road, Newrybar) by incorporating the ensuite bathroom layout depicted in the plan at Annexure "A" into the plan prepared by Greg Alderson & Associates (Job No. 12122, H-s96, 04-08, dated 23 June 2015) is approved subject to the conditions set out in Annexure "B". 3. Leave is granted to rely on the plan referred to in order 2. ……..…………. Annelise Tuor Commissioner 163045.16 - Annexure A (235 KB, pdf) 163045.16 Tuor (C) - Annexure B (378 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: 20 July 2016