Siddle v NSW Transitional Coastal Panel [2018] NSWLEC 1383

Siddle v NSW Transitional Coastal Panel [2018] NSWLEC 1383

The Court was satisfied, following a conciliation conference, that the agreement reached between the parties represented a decision the Court could make; s 34(3) therefore required the Court to dispose of proceedings in accordance with that agreement and set out the terms of the decision in writing.

Jurisdiction
Australia
Judgment Date
26 July 2018
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions; each party to bear own costs.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties']
['environmental Law' 'planning Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties']

Case Brief

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Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the decision reached at the conciliation conference could be made by the Court in the proper exercise of its functions' 'Approval of development application for repairs to seawall']

Ratio Decidendi

The Court was satisfied, following a conciliation conference, that the agreement reached between the parties represented a decision the Court could make; s 34(3) therefore required the Court to dispose of proceedings in accordance with that agreement and set out the terms of the decision in writing.

Court Disposition

Appeal upheld; development application approved subject to conditions; each party to bear own costs.

Orders

  • ['The appeal is upheld.' "Development Application number CP 17-004 to undertake repairs to the existing seawall located on the Council Road Reserve immediately to the Northeast of 28 and 28A Childe Street, Byron Bay NSW 2481 is approved subject to the conditions found in Annexure 'A'." 'Each party is to bear its own...