Land and Environment Court New South Wales Medium Neutral Citation: Adrian John Turnbull v Kiama Municipal Council [2016] NSWLEC 1638 Hearing dates: Conciliation conference on 8, 9, 21 December 2016 Date of orders: 23 December 2016 Decision date: 23 December 2016 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: Adrian John Turnbull (Applicant 1) Kerry Ann Turnbull (Applicant 2) Kiama Municipal Council (Respondent) Representation: Mr A Whealy, Mills Oakley (Applicant) Mr P Moggach, RBM Lawyers(Respondent) File Number(s): 2016/260950 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 Applicant is granted leave to rely on the amended drawings dated December 2016 (as referred to in condition 1 of Annexure "A") for the purpose of the development application. 2. The appeal is upheld. 3. Development application no. 10.2016.41.1 lodged on 11 March 2016 for proposed dual occupancy and strata subdivision at 3 Bourrool Street, Kiama NSW 2533 is approved subject to the conditions contained in Annexure "A". 4. The Applicant is to pay the respondent's costs thrown away pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in an amount as agreed between the parties or as assessed. ……………. Commissioner Chilcott 260950.16 Chilcott (C) (187 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: 09 May 2018