Ascot Project Management Pty Ltd v Northern Beaches Council

[2016] NSWLEC 1268

Land and Environment Court

New South Wales

Medium Neutral Citation:	Ascot Project Management Pty Ltd v Northern Beaches Council [2016] NSWLEC 1268
Hearing dates:	Conciliation conference on 11, 24 May, 14, 20 June 2016
Date of orders:	20 June 2016
Decision date:	20 June 2016
Jurisdiction:	Class 1
Before:	Hussey AC
Decision:	See (4) below
Catchwords:	Development Application: Community Title Subdivision of 3 Lots, Waste water management, adequacy of essential services; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Ascot Project Management Pty Ltd (Applicant) Northern Beaches Council (Respondent)
Representation:	Counsel: Mr N. Eastman (Respondent) Solicitors: Mr Matt Sonter, Mills Oakley (Applicant) King & Wood Mallesons (Respondent)
File Number(s):	150755 of 2016
Publication restriction:	No

Judgment

1. ACTING 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, 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. The appeal is upheld.

2. Development Application DA 470/2015 for the resubdivision of proposed residue lot (Lot 20) into two residential lots (Lots 1 and 2) and a residue lot (Lot 3) under Community Title Subdivision at 6 & 6A Orchard Street, Warriewood is approved subject to the conditions contained in Annexure “A”.

….……….

R Hussey

Acting Commissioner

150755.16 - Annexure A (98.2 KB, pdf)