Ardill Payne & Partners v Byron Shire Council [2018] NSWLEC 1419

Ardill Payne & Partners v Byron Shire Council [2018] NSWLEC 1419

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement by making the final orders approving the amended development application subject to conditions.

Jurisdiction
Australia
Judgment Date
06 August 2018
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No.10.2017.639.1 approved subject to conditions of consent at Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 's 34(3) Orders' 'clause 4.6 Written Request' 'dual Occupancy']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 's 34(3) Orders' 'clause 4.6 Written Request' 'dual Occupancy']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court should give effect to the parties' agreement reached at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979." 'Whether the applicant should be granted leave to amend Development Application No.10.2017.639.1 and have its clause 4.6 written request upheld.' 'Whether Development Application No.10.2017.639.1 should be approved subject to conditions of consent.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement by making the final orders approving the amended development application subject to conditions.

Court Disposition

Appeal upheld; Development Application No.10.2017.639.1 approved subject to conditions of consent at Annexure A.

Orders

  • ['Leave is granted to the Applicant to amend Development Application No.10.2017.639.1 by substituting the listed plans prepared by Byron Bay Drafting dated 26/06/2018 for the plans that are the subject of the DA.' "The Applicant's written request lodged pursuant to clause 4.6 of the Byron Local Environmental Plan...