Catalina Island Pty Limited v Northern Beaches Council

[2017] NSWLEC 1581

Land and Environment Court

New South Wales

Medium Neutral Citation:	Catalina Island Pty Limited v Northern Beaches Council [2017] NSWLEC 1581
Hearing dates:	Conciliation conference on 13 October 2017
Date of orders:	13 October 2017
Decision date:	13 October 2017
Jurisdiction:	Class 1
Before:	O’Neill 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:	Catalina Island Pty Limited (Applicant) Northern Beaches Council (Respondent)
Representation:	Counsel: Mr S. Nash barrister (Applicant) Mr T. Naylor solicitor (Respondent)   Solicitors: Stuart Latham Solicitors.(Applicant) King Wood Mallesons (Respondent)
File Number(s):	2017/135436
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. Modification Application N0555/15/S96/1 to modify Development Consent N0555/15 that approved the demolition of existing structures and construction of 4 townhouses and 4 single level apartments and associated parking and landscaping at 4 and 6 Bangalley Way, Avalon Beach, is approved in part, as set out in the consolidated conditions of consent at Annexure A.

3. Each party is to pay its own costs.

…………….

Commissioner O’Neill

Annexure A (274 KB, pdf)