Gordon Highlands Pty Ltd v Byron Shire Council [2018] NSWLEC 1546

Land and Environment Court New South Wales

Medium Neutral Citation: Gordon Highlands Pty Ltd v Byron Shire Council [2018] NSWLEC 1546 Hearing dates: Conciliation conference on 12 October 2018 Date of orders: 12 October 2018 Decision date: 12 October 2018 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: Gordon Highlands Pty Ltd (Applicant) Byron Shire Council (Respondent) Representation: Solicitors: A Knox, Pikes & Verekers Lawyers (Applicant) J Corradini-Bird, Marsdens Law Group (Respondent) File Number(s): 2017/354858 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 s 34(3) of the Land and Environment Court Act 1979 are: 1. Appeal upheld. 2. Development Application DA 2017/198 for two storey mixed use development comprising three ground level commercial tenancies five shop top residential dwellings and car parking for twelve vehicles on land at 9 Station Street, Bangalow 2479 is approved subject to the conditions at annexure "A". ………………………. M Chilcott Commissioner of the Court Annexure A (126 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: 15 October 2018