Fiona Hughes v Northern Beaches Council

[2016] NSWLEC 1384

Land and Environment Court

New South Wales

Medium Neutral Citation:	Fiona Hughes v Northern Beaches Council [2016] NSWLEC 1384
Hearing dates:	Conciliation conference on 25 & 26 August 2016
Date of orders:	26 August 2016
Decision date:	26 August 2016
Jurisdiction:	Class 1
Before:	Chilcott 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:	FIONA HUGHES (Applicant 1) LINCOLN TWINE (Applicant 2) NORTHERN BEACHES COUNCIL (Respondent)
Representation:	Mr V Conomos, Conomos Legal (Applicant) Mr S Patterson, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2016/162908
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 Applicant is given leave to amend the development application by substituting the following plans as the plans relied upon for the purposes of the development application:

Drawing No.	Issue	Dated	Prepared By
0776_DA_01-B	Court issue	25 August 2016	CSquared Architects Pty Ltd
0776_DA_02-B	Court issue	25 August 2016	CSquared Architects Pty Ltd
0776_DA_05-B	Court issue	25 August 2016	CSquared Architects Pty Ltd
0776_DA_06-B	Court issue	25 August 2016	CSquared Architects Pty Ltd
0776_DA_07-B	Court issue	25 August 2016	CSquared Architects Pty Ltd
0776_DA_08-B	Court issue	25 August 2016	CSquared Architects Pty Ltd
0776_DA_09-B	Court issue	25 August 2016	CSquared Architects Pty Ltd
0776_DA_11-B	Court issue	25 August 2016	CSquared Architects Pty Ltd
0776_DA_13-B	Court issue	25 August 2016	CSquared Architects Pty Ltd
0776_DA_18-B	Court issue	25 August 2016	CSquared Architects Pty Ltd

2. The appeal is upheld.

3. Development consent is granted to Development Application No. DA 2015/1303 for the demolition of existing development and the erection of a new dwelling house at 29 Robertson Road, North Curl Curl NSW, subject to the conditions annexed to this Agreement at “A” and the amended plans annexed to this Agreement at “B”.

…………….

Commissioner Chilcott

162908.16 Chilcott (C) Annexure A (365 KB, pdf)

162908.16 Chilcott (C) Annexure B - Plans (7.63 MB, pdf)