Land and Environment Court New South Wales Medium Neutral Citation: Millar v Ballina Shire Council [2019] NSWLEC 1362 Hearing dates: Conciliation Conference on 30 July 2019 Date of orders: 01 August 2019 Decision date: 01 August 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. 2018/189 for the erection of a new Colorbond shed on a new slab, detached from the house on the land, at 4 Page Court, Lennox Head (Lot 4, DP 253429) is approved, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION ­– conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Wayne Millar (Applicant) Ballina Shire Council (Respondent) Representation: Solicitors: M Young, McCartney Young Lawyers (Applicant) C Huegill, Parker & Kissane Lawyers (Respondent) File Number(s): 2018/392169 Publication restriction: No Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 2018/189 for the erection of a new Colorbond clad shed on a new concrete slab, detached from the house on the land (the proposal), at 4 Page Court, Lennox Head (the site) by Ballina Shire Council (the Council). 2. The Court arranged a conciliation conference under s 34AA of the Land and Environment Court Act 1979 (LEC Act) between the parties, which has been held on 30 July 2019. I presided over the conciliation conference. 3. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. 4. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision, if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application. Orders 1. The orders of the Court are: 1. The appeal is upheld. 2. Development Application No. 2018/189 for the erection of a new Colorbond shed on a new slab, detached from the house on the land, at 4 Page Court, Lennox Head (Lot 4, DP 253429) is approved, subject to the conditions of consent at Annexure A. ____________ Susan O'Neill Commissioner of the Court Annexure A (181 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: 01 August 2019