The Owners SP76023 v Tweed Shire Council

Land and Environment Court New South Wales Medium Neutral Citation: The Owners SP76023 v Tweed Shire Council and anor [2016] NSWLEC 1197 Hearing dates:Conciliation conference on 28 January, 16 March, 12 April, 4,13 May 2016Date of orders: 13 May 2016 Decision date: 13 May 2016 Jurisdiction:Class 1Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: change of use – tourist accommodation; conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: The Owners SP76023 (Applicant) Tweed Shire Council (First Respondent) BRK (NSW) Pty Ltd (Second Respondent) Representation: Counsel: Christopher Gough (Applicant) Kirston Gerathy (First Respondent) Damien Hodgson (Second Respondent) Solicitors: Storey & Gough (Applicant) HWL Ebsworth Lawyers (First Respondent) Hickey Lawyers (Second Respondent) File Number(s):10156 of 2015Judgment COMMISSIONER: This is an appeal of the refusal by Tweed Shire Council of an application to a change use from tourist accommodation to permanent residential at the Peppers Bale Resort, 27 – 37 Bells Boulevard, Kingscliff. 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)....