Kate Singleton Pty Ltd & S J Connelly CPP Pty Ltd Trading as Planners North (ABN 5629149553) v Byron Shire Council [2017] NSWLEC 1684

Land and Environment Court New South Wales

Medium Neutral Citation: Kate Singleton Pty Ltd & S J Connelly CPP Pty Ltd Trading as Planners North (ABN 5629149553) v Byron Shire Council [2017] NSWLEC 1684 Hearing dates: Conciliation conference on 23 November 2017 Date of orders: 29 November 2017 Decision date: 29 November 2017 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: Kate Singleton Pty Ltd & S J Connelly CPP Pty Ltd Trading as Planners North (ABN 5629149553) (Applicant) Byron Shire Council (Respondent) Representation: Solicitors: Mr M Young, McCartney Young Lawyers (Applicant) Ms K McLellan, Marsdens Law Group (Respondent) File Number(s): 2017/ 00204048 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 appeal is upheld. 2. Development consent is granted to Development Application No. 10.2015.405.1 for a two (2) bedroom eco-tourist facility and one (1) bedroom manger's residence on the land at Lot 2 DP 1131866 (139) Broken Head Reserve Road, Broken Head subject to the Conditions of Consent annexed hereto and marked "A". ………………………. Commissioner Chilcott Conditions of Consent (C) (491 KB, pdf) Annexure A to Conditions of Consent (185 KB, pdf) Annexure B to Conditions of Consent (113 KB, pdf) (Approved Plans) (8.16 MB, 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: 30 November 2017