Lyons v Bega Valley Shire Council

Land and Environment Court New South Wales Medium Neutral Citation: Lyons v Bega Valley Shire Council [2015] NSWLEC 1064 Hearing dates:Conciliation conference on 11 November 2014, 9 December 2014, 7 January 2015 and 9 February 2015Date of orders: 16 March 2015 Decision date: 16 March 2015 Jurisdiction:Class 1Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: Construction of educational establishment; Conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: Michael Lyons (Applicant) Bega Valley Shire Council (Respondent) Representation: Counsel: Ms M - L Saw, barrister (Applicant) Mr M McMahon, solicitor (Respondent) Solicitors: – (Applicant) M E McMahon & Associates (Respondent) File Number(s):10782 of 2014Publication restriction:NoJudgment COMMISSIONER: This an appeal against the refusal of DA No: 2012/217 by Bega Valley Shire Council for the construction of an educational establishment at Lots 112, 113 and 115 Kulbardi Close, Bournda. 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...