Aaron Hatch v Northern Beaches Council

[2017] NSWLEC 1381

Land and Environment Court

New South Wales

Medium Neutral Citation:	Aaron Hatch v NORTHERN BEACHES COUNCIL [2017] NSWLEC 1381
Hearing dates:	Conciliation conference on 8 & 9 June 2017
Date of orders:	18 July 2017
Decision date:	18 July 2017
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 (First Applicant) Sean Larcombe (Second Applicant) Northern Beaches Council (Respondent)
Representation:	Solicitor: Mr G McKee, McKees Legal Solutions (Applicant) Mr C Gough, Storey & Gough (Respondent)
File Number(s):	2017/47161
Publication restriction:	No

Judgment

1. 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”.

2. 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.

3. 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.

4. The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:

1. Leave is granted to the Applicant to rely on the amended plans set out in Condition 1 of Annexure A to this agreement.

2. The appeal is upheld.

3. 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.

4. Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the applicant is to pay the respondent’s costs thrown away, as a result of the amended plans in the amount of $11,000.00 within 28 days of the Orders being made.

……………………….

Commissioner O’Neill

47161.17 O'Neill (C) (457 KB, pdf)

47161.17 O'Neill - Plans (4.97 MB, pdf)