Blackmore Design Group Pty Ltd v Northern Beaches Council

[2016] NSWLEC 1524

Land and Environment Court

New South Wales

Medium Neutral Citation:	Blackmore Design Group Pty Ltd v Northern Beaches Council [2016] NSWLEC 1524
Hearing dates:	Conciliation conference on 7 November 2016
Date of orders:	08 November 2016
Decision date:	08 November 2016
Jurisdiction:	Class 1
Before:	Smithson C
Decision:	See (4) below
Catchwords:	MODIFICATION APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Blackmore Design Group Pty Ltd (Applicant) Northern Beaches Council (Respondent)
Representation:	Solicitors: Tony Sattler, Sattler & Associates Pty Ltd (Applicant) Adam Seton, Northern Beaches Council (Respondent)
File Number(s):	2016/00207439
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, 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. The section 96(1A) application known as “DA81/2013 – Section 96 Modification - Part 3” lodged with Respondent on 21 March 2016 to modify Development Consent No. DA81/2013 (as modified by “DA81/2013 – Section 96 – Part 2” on 19 March 2015) is determined by approving the modification to Condition ANS04, as set out in Annexure A.

3. As a consequence of order 2(b), Development Consent No. DA81/2013 is now subject to the consolidated, modified conditions of development consent set out in Annexure B.

…………….

Jenny Smithson

Commissioner

207439.16 - Annexure A (14.3 KB, pdf)

207439.16 - Annexure B (171 KB, pdf)