Land and Environment Court New South Wales Medium Neutral Citation: Lismore Venture Pty Ltd v Byron Shire Council [2019] NSWLEC 1392 Hearing dates: Conciliation on 29 July 2019 Date of orders: 23 August 2019 Decision date: 23 August 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) The applicant is granted leave to amend the application by relying on the amended documentation listed in condition 1 of the conditions of consent at Annexure A. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $6,200 within 28 days of these orders. (3) The appeal is upheld. (4) Development Application No. 10.2018.591.1 for the demolition of existing structures and construction of multi-dwelling housing comprising 6 units is approved, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Byron Local Environmental Plan 2014 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Lismore Venture Pty Ltd (Applicant) Byron Shire Council (Respondent) Representation: Counsel: V Conomos (Solicitor)(Applicant) C Rose (Solicitor)(Respondent) Solicitors: Conomos Legal (Applicant) Swaab (Respondent) File Number(s): 2019/9594 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 10.2018.591.1 for construction of a multi-dwelling housing comprising 6 units (the proposal) at 28 Argyle Street, Mullumbimby (the site) by Byron Shire Council (the Council). 2. The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties, which has been held on 29 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. 5. I am satisfied that the proposal is permissible under the Byron Local Environmental Plan 2014 and that the decision is a decision that the Court could have made in the proper exercise of its functions. Orders 1. The orders of the Court are: 1. The applicant is granted leave to amend the application by relying on the amended documentation listed in condition 1 of the conditions of consent at Annexure A. 2. The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $6,200 within 28 days of these orders. 3. The appeal is upheld. 4. Development Application No 10.2018.591.1 for the demolition of existing structures and construction of multi-dwelling housing comprising 6 units is approved, subject to the conditions of consent at Annexure A. ____________ Susan O'Neill Commissioner of the Court Annexure A (420 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: 23 August 2019