Mateer v Byron Shire Council [2021] NSWLEC 1596

Mateer v Byron Shire Council [2021] NSWLEC 1596

Because the parties' agreed decision was one the Court could have made in the proper exercise of its functions, and no jurisdictional impediment was raised or apparent, the Court was required to dispose of the proceedings in accordance with the agreement and modify the Development Control Order.

Jurisdiction
Australia
Judgment Date
13 October 2021
Procedural Posture
Class 1 Appeal Pursuant to S 8.18 of the Environmental Planning and Assessment Act 1979 Against a Development Control Order / Orders Made Following Conciliation Conference and Agreement Between the Parties Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Control Order modified in accordance with the parties' agreement.
Legal Topics
['development Control Orders' 'unlawful Works' 'demolition and Restoration Orders' 'conciliation Agreement']
['environmental Planning and Assessment' 'land and Environment Court Proceedings'] ['development Control Orders' 'unlawful Works' 'demolition and Restoration Orders' 'conciliation Agreement']

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Procedural Posture

Class 1 Appeal Pursuant to S 8.18 of the Environmental Planning and Assessment Act 1979 Against a Development Control Order / Orders Made Following Conciliation Conference and Agreement Between the Parties Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement reached at the conciliation conference was a decision the Court could have made in the proper exercise of its functions." 'Whether the Development Control Order should be modified under s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

Because the parties' agreed decision was one the Court could have made in the proper exercise of its functions, and no jurisdictional impediment was raised or apparent, the Court was required to dispose of the proceedings in accordance with the agreement and modify the Development Control Order.

Court Disposition

Appeal upheld; Development Control Order modified in accordance with the parties' agreement.

Orders

  • ['The appeal is upheld.' 'The terms of the Development Control Order issued by the Respondent to the Applicant under section 9.34 and Schedule 5 of the Environmental Planning and Assessment Act 1979 on 5 February 2021 in relation to the premises at Lot 12 DP248861, 51 Brownell Drive, Byron Bay NSW 2481 are...