Aaron Hatch v Northern Beaches Council
[2018] NSWLEC 1056
•09 February 2018
Land and Environment Court
New South Wales
Medium Neutral Citation: Aaron Hatch v Northern Beaches Council [2018] NSWLEC 1056 Hearing dates: Conciliation conference on 5 February 2018 Date of orders: 09 February 2018 Decision date: 09 February 2018 Jurisdiction: Class 1 Before: O’Neill C Decision: See (4) below
Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Aaron Hatch (Applicant 1)
Sean Larcombe (Applicant 2)
Northern Beaches Council (Respondent)Representation: Solicitor:
Graham McKee, McKees Legal Solutions (Applicant)
Christopher Gough, Storey & Gough Lawyers (Respondent)
File Number(s): 2017/241244 Publication restriction: No
Judgment
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COMMISSIONER: 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”.
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The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.
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In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties.
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The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
Leave is granted to the Applicant to rely on the amended plans set out in Condition 1 of Annexure A to this agreement.
The appeal is upheld.
Modification Application, under Section 96(8) of the Environmental Planning and Assessment Act 1979, to Development Application No. 370/2016 for demolition of existing structures, construction of two semi-detached dwelling houses including Torrents Title Subdivision, is approved subject to the conditions contained in Annexure “A” hereto.
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Susan O’Neill
Commissioner of the Court
Annexure A (129 KB, pdf)
Annexure B (3.58 MB, pdf)
Decision last updated: 14 February 2018
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