Robby Ingham Pty Ltd v Kiama Municipal Council

Land and Environment Court New South Wales Medium Neutral Citation: Robby Ingham Pty Ltd v Kiama Municipal Council [2016] NSWLEC 1490 Hearing dates:Conciliation conference on 21 April 2016, 18 May 2016, 28 June, 4 August, 1, 15 and 29 September 2016Date of orders: 25 October 2016 Decision date: 25 October 2016 Jurisdiction:Class 1Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: construction of a residential dwelling; conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: Robby Ingham Pty Ltd (Applicant) Kiama Municipal Council (Respondent) Representation: Solicitors: Mr G Green, solicitor, Pikes & Verekers Lawyers (Applicant) Ms S Nevin, solicitor, Sparke Helmore Lawyers (Respondent) File Number(s):2016/00151976Publication restriction:NoJudgment COMMISSIONER: This is an appeal against the refusal of Development Application 10.2015.77.1 for the construction of a residential dwelling at 242 Fern Street Gerringong. 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...