Anthony Gleeson v Northern Beaches Council

[2017] NSWLEC 1215

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

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 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-01	B	Landscape Plan Podium Ground Floor	Space Landscape Designs	30 March 2017
L-02	B	Landscape Plan First Floor Residential

2. The appeal is upheld.

3. 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)