Anthony Gleeson v Northern Beaches Council
[2017] NSWLEC 1215
•28 April 2017
Land and Environment Court
New South Wales
Medium Neutral Citation: Anthony Gleeson v Northern Beaches Council [2017] NSWLEC 1215 Hearing dates: 28 April 2017 Date of orders: 28 April 2017 Decision date: 28 April 2017 Jurisdiction: Class 1 Before: Morris 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: Anthony Gleeson (Applicant)
Ana Gleeson (Applicant)
Northern Beaches Council (Respondent)Representation: A Sattler (Applicant)
J Munn (Respondent)
File Number(s): 2016/302237 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 following amended plans
Drawing Number
Revision
Title
Author
Date
DA00 *
C
Site Analysis Plan
Haviland Architects
3 April 2017
DA01
C
Roof Plan
3 April 2017
DA02
C
Basement Floor Plan
3 April 2017
DA03
C
Roof plan
3 April 2017
DA04
C
First Floor Residential
3 April 2017
DA05
C
Second Floor Residential
3 April 2017
DA06
C
South & East Elevations
3 April 2017
DA07
C
North & West Elevations
3 April 2017
DA08
C
Sections AA & BB
3 April 2017
SD01
C
Winter Shadows 9am & 12pm
3 April 2017
SDO2
C
Winter Shadow 3pm
3 April 2017
L-01B
Landscape Plan Podium Ground Floor
Space Landscape Designs
30 March 2017
L-02
B
Landscape Plan First Floor Residential
The appeal is upheld.
Development application No. N0267/16 for Demolition of all existing structures and the construction of a shoptop housing development, comprising 3 commercial units, 20 residential units and off-street parking at 2-8 Rickard Road, North Narrabeen, is approved in accordance with the conditions set out in Annexure A.
…………….
Sue Morris
Commissioner of the Court
302237.16 Annexure A (C) (491 KB, pdf)
302237.16 Plans (11.7 MB, pdf)
Decision last updated: 01 May 2017
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