Burton and Otrs v Cabonne Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Burton and Otrs v Cabonne Council [2015] NSWLEC 1314 Hearing dates:Conciliation conference on 3 August 2015Date of orders: 05 August 2015 Decision date: 05 August 2015 Jurisdiction:Class 1Before: Brown ASC Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: Subdivision; conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: Raymond John Davis (Applicant) Cabonne Shire Council (Respondent) Representation: Counsel: Mr P Crennan (Applicant) Mr D Baird (Respondent) Solicitors: Crennan Legal (Applicant) Marsdens Law Group (Respondent) File Number(s):10455 of 2015Publication restriction:NoJudgment COMMISSIONER: This is an appeal against the refusal by Cabonne Council to Development Application No. 57/2015 for a three lot subdivision on the land described as Lot 23 DP 1131133 (58) Strachan Road, Spring Hill. In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”. The Court Act also required me to “set...