Kate Singleton Pty Ltd & S J Connelly CPP Pty Ltd Trading as Planners North (ABN 5629149553) v Byron Shire Council [2017] NSWLEC 1684

Kate Singleton Pty Ltd & S J Connelly CPP Pty Ltd Trading as Planners North (ABN 5629149553) v Byron Shire Council [2017] NSWLEC 1684

The Court, being satisfied under s 34(3) of the Land and Environment Court Act 1979 that the agreement was a decision it could have made, ordered disposal in accordance with the agreement reached between the parties at conciliation.

Jurisdiction
Australia
Judgment Date
29 November 2017
Procedural Posture
Development Application Appeal / Conciliation Conference Final Orders
Outcome
Appeal upheld by consent; development consent granted with conditions.
Legal Topics
['development Application' 'conciliation Conference' 'orders by Consent']
['planning and Environment'] ['development Application' 'conciliation Conference' 'orders by Consent']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference Final Orders

Legal Issues

  1. 1 ['Whether agreement reached at conciliation conference can be accepted as a decision of the Court under s 34(3) Land and Environment Court Act 1979']

Ratio Decidendi

The Court, being satisfied under s 34(3) of the Land and Environment Court Act 1979 that the agreement was a decision it could have made, ordered disposal in accordance with the agreement reached between the parties at conciliation.

Court Disposition

Appeal upheld by consent; development consent granted with conditions.

Orders

  • ['The appeal is upheld.' "Development consent is granted to Development Application No. 10.2015.405.1 for a two (2) bedroom eco-tourist facility and one (1) bedroom manager's residence on Lot 2 DP 1131866 (139) Broken Head Reserve Road, Broken Head subject to Conditions of Consent annexed and marked 'A'."]