Lismore Venture Pty Ltd v Byron Shire Council [2019] NSWLEC 1392

Lismore Venture Pty Ltd v Byron Shire Council [2019] NSWLEC 1392

Because the parties reached agreement at the s 34 conciliation conference, the proposal was permissible under the Byron Local Environmental Plan 2014, and the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with the parties' decision and approve the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
23 August 2019
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No 10.2018.591.1 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions; leave to amend granted; applicant ordered to pay respondent's costs thrown away.
Legal Topics
['development Application' 'conciliation Conference' 'multi Dwelling Housing' 'consent Orders' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'multi Dwelling Housing' 'consent Orders' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No 10.2018.591.1 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979" 'Whether the proposal was permissible under the Byron Local Environmental Plan 2014' 'Whether consent should be granted to Development Application No 10.2018.591.1 subject to conditions']

Ratio Decidendi

Because the parties reached agreement at the s 34 conciliation conference, the proposal was permissible under the Byron Local Environmental Plan 2014, and the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with the parties' decision and approve the development application subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions; leave to amend granted; applicant ordered to pay respondent's costs thrown away.

Orders

  • ['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.' "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...