Aaron Hatch v Northern Beaches Council

[2018] NSWLEC 1056

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

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. 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.

……………………….

Susan O’Neill

Commissioner of the Court

Annexure A (129 KB, pdf)

Annexure B (3.58 MB, pdf)