ACN 605 170 081 Pty Ltd v Northern Beaches Council
[2017] NSWLEC 1078
•22 February 2017
Land and Environment Court
New South Wales
- Amendment notes
Medium Neutral Citation: ACN 605 170 081 Pty Ltd v Northern Beaches Council [2017] NSWLEC 1078 Hearing dates: Conciliation conference on September 9, October 18, November 29 and December 20 2016 and February 1 2017 Date of orders: 22 February 2017 Decision date: 22 February 2017 Jurisdiction: Class 1 Before: Smithson 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: ACN 605 170 081 Pty Ltd (Applicant)
Northern Beaches Council (Respondent)
Sydney North Planning Panel (Respondent)Representation: Solicitors:
P Murray, Dibbs Barker (Applicant)
S Patterson, Wilshire Webb Staunton Beattie (First Respondent)
L McAndrew, Department of Planning and Environment (Second Respondent)
File Number(s): 2016/169513 Publication restriction: No
Judgment
-
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”.
-
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.
-
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.
-
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 for the Applicant to rely on the plans and documents referred to in Condition 1 of Annexure “A” to this agreement.
Pursuant to s97B(2) Environmental Planning and Assessment Act 1979 NSW the Applicant is to pay the First Respondent’s costs of $6,000.00 on or before 2 March 2017, being costs thrown away as a result of the Applicant amending the Development Application.
The appeal is upheld.
Development Consent is granted to Development Application No. 2015/1306 for the demolition of existing structures and the construction of a mixed use development with associated car parking and landscaping on land located between 5 Mooramba Rd Dee Why NSW 2099 and 627-635 Pittwater Rd Dee Why NSW 2099 (dual street frontages) and comprising four allotments which are legally described as Lot 3A DP 402105; Lot 4 DP 659075; Lot 5 DP 655009 and Lot 100 DP 595110, subject to the conditions annexed to this Agreement at Annexure “A”.
…………….
J Smithson
Commissioner
169513.16 Annexure A (C) Slip Rule (165 KB, pdf)
169513.16 Architectural Plans (18.7 MB, pdf)
Amendments
24 February 2017 - 'Before' changed to Smithson C
07 March 2017 - Pursuant to UCPR 36.17, the slip rule, amend orders of 22 February 2017 so that attached Conditions – Annexure A - are numbered.
10 March 2017 - Correct Annexure A put in Judgment as per original slip rule
Decision last updated: 10 March 2017
0
0
1