Land and Environment Court New South Wales Medium Neutral Citation: Alex Glassington v Byron Shire Council [2017] NSWLEC 1465 Hearing dates: Conciliation conference on 15 and 24 August 2017 Date of orders: 28 August 2017 Decision date: 28 August 2017 Jurisdiction: Class 1 Before: Smithson 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: Alex Glassington (Applicant) Byron Shire Council (Respondent) Representation: Solicitors: Mr A Gough, Storey & Gough Lawyers (Applicant) Mr D Baird, Marsdens Law Group (Respondent) File Number(s): 2017/110775 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 given leave to amend the development application by substituting the following plans and documentation as the plans and documentation relied upon for the purpose of the development application: Plan No. Description Project and Issue No. Prepared by Dated: 101 Floor Plan – Ground Floor 1607 Issue 30 Marc & Co 18 August 2017 102 Floor Plan – Level 1 1607 Issue 30 Marc & Co 18 August 2017 103 Roof Plan 1607 Issue 30 Marc & Co 18 August 2017 110 Area Plans – GFA 1607 Issue 30 Marc & Co 18 August 2017 200 Elevations 1607 Issue 30 Marc & Co 18 August 2017 201 Elevations 1607 Issue 30 Marc & Co 18 August 2017 400 Shadow Diagram 1607 Issue 26 Marc & Co 12 July 2017 401 Shadow Diagram 1607 Issue 26 Marc & Co 12 July 2017 402 Shadow Diagram 1607 Issue 26 Marc & Co 12 July 2017 403 Shadow Diagram 1607 Issue 26 Marc & Co 12 July 2017 404 Shadow Diagram 1607 Issue 26 Marc & Co 12 July 2017 405 Shadow Diagram 1607 Issue 26 Marc & Co 12 July 2017 406 Shadow Diagram 1607 Issue 26 Marc & Co 12 July 2017 407 Shadow Diagram 1607 Issue 26 Marc & Co 12 July 2017 408 Shadow Diagram 1607 Issue 26 Marc & Co 12 July 2017 409 Shadow Diagram 1607 Issue 26 Marc & Co 12 July 2017 410 Shadow Diagram 1607 Issue 26 Marc & Co 12 July 2017 411 Shadow Diagram 1607 Issue 26 Marc & Co 12 July 2017 412 Shadow Diagram 1607 Issue 26 Marc & Co 12 July 2017 413 Shadow Diagram 1607 Issue 26 Marc & Co 12 July 2017 BASIX Certificate No. 738208M_02 Senica Consultancy Group Pty Ltd 11 August 2017 Statement of Landscape Intent Issue A Planit Consulting August 2017 1. The Applicant is to pay the costs of the Respondent thrown away as a result of amending the development application pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979 in the amount of $5,000.00 within 28 days of the date of this agreement. 2. The appeal is upheld. 3. Development consent is granted to Development Application No. 10.2016.423.1 for a Multi Dwelling Housing development comprising six (6) dwellings, car parking, circulation and landscaped areas on the land described as Lot 8 and 9 DP 1212497 known as 4 & 6 Roundhouse Place, Ocean Shores subject to the conditions of consent annexed hereto and marked "A". …………………………………… Commissioner Jenny Smithson 110775.17 Smithson (C) (493 KB, pdf) 110775.17 Smithson - Plans (1.00e+3 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: 28 August 2017