Dromore Properties Pty Ltd v Byron Shire Council [2018] NSWLEC 1324

Land and Environment Court New South Wales

Medium Neutral Citation: Dromore Properties Pty Ltd v Byron Shire Council [2018] NSWLEC 1324 Hearing dates: Conciliation conference on 29 June 2018 Date of orders: 29 June 2018 Decision date: 29 June 2018 Jurisdiction: Class 1 Before: Dickson C Decision: See [5] below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Dromore Properties Pty Ltd (Applicant) Byron Shire Council (Respondent) Representation: Solicitors: M Young, McCartney Young Lawyers (Applicant) C Rose, Swaab Attorneys (Respondent) File Number(s): 2018/72546 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal by Dromore Properties Pty Ltd against the deemed refusal by Byron Shire Council of the construction of multi-dwelling housing comprising three (3) dwellings, alterations and additions to an existing dwelling and strata subdivision to create two (2) strata lots including a vacant development lot at 57 Carlyle Street, Byron Bay. 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 make, 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 under s 34(3) of the Land and Environment Court Act 1979 are: 1. The Applicant is granted leave to rely upon the plan, a copy of which is at Annexure 'A': Plan No. Description Prepared by Dated: DA.02 / D Proposed Works + Subdivision Plan Those Architects 7/5/18