Brian Page v Northern Beaches Council

[2017] NSWLEC 1225

Land and Environment Court

New South Wales

Medium Neutral Citation:	Brian Page v Northern Beaches Council [2017] NSWLEC 1225
Hearing dates:	Conciliation conference on 20 April 2017
Date of orders:	03 May 2017
Decision date:	03 May 2017
Jurisdiction:	Class 1
Before:	Gray C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: appeal against deferred commencement conditions; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Brian Page (First Applicant) Ashley Munro (Second Applicant) Victoria Munro (Third Applicant) Northern Beaches Council (Respondent)
Representation:	First Applicant (self-represented and agent for second and third applicants) Storey & Gough (Respondent)
File Number(s):	2017/5783
Publication restriction:	No

Judgment

1. COMMISSIONER: In this matter, at or after a conciliation conference held pursuant to s 34AA of the Land and Environment Court Act 1979 (the Court Act), an agreement under s 34(3) of 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. The appeal is upheld.

2. Development consent is granted to application No. DA2016/0479 for the construction of a secondary dwelling and a garage upon land at 160 Allambie Road, Allambie Heights subject to the conditions set out in Annexure ‘A’ hereto.

……………………….

Commissioner Gray

5783.17 Gray (C) (184 KB, pdf)

Decision last updated: 03 May 2017