Gartner Trovato Architects Pty Limited v Northern Beaches Council

Case [2017] NSWLEC 1177

Land and Environment Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Gartner Trovato Architects Pty Limited v Northern Beaches Council [2017] NSWLEC 1177
Hearing dates: Conciliation conference on 31 March 2017
Date of orders: 05 April 2017
Decision date: 05 April 2017
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: Gartner Trovato Architects Pty Limited (Applicant)
Northern Beaches Council (Respondent)
Representation: Solicitor:
Mr M Staunton, Martin Place Chambers (Applicant)
Ms H Irish, Martin Place Chambers (Respondent)
File Number(s): 2016/254836
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 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 Applicant is granted leave to amend the development application to rely upon the following plans and information:

  1. Architectural plan number 05C (attached); and

  2. the application for use to now be for a 71 place childcare centre.

  1. The Appeal is upheld.

  2. Development Application N0200/16 for the demolition of the existing dwelling, swimming pool, garage and ancillary structures, and to construct a part single and part two storey building for use as a 71 place childcare centre with basement parking, is approved subject to the conditions in Annexure A.

……………………….

Commissioner Chilcott

254836.16 Chilcott - Architectural Plan number 05C (529 KB, pdf)

254836.16 Chilcott (C) - Annexure A (1.18 MB, pdf)

254836.16 Chilcott - POM - Bluey's Treehouse Newport (version 004) March 31 2017 (108 KB, pdf)

254836.16 Chilcott - Architectural Plan number 06C (441 KB, pdf)

Amendments

07 April 2017 - Correction to representation name & labelling of Annexure A

Details
AGLC
Gartner Trovato Architects Pty Limited v Northern Beaches Council [2017] NSWLEC 1177
Case
[2017] NSWLEC 1177
Decision Date

CaseChat Overview and Summary

In the case of Gartner Trovato Architects Pty Limited versus Northern Beaches Council, the respondent, Northern Beaches Council, sought a declaration that the appellant, Gartner Trovato Architects Pty Limited, had contravened the Environmental Planning and Assessment Act 1979 (NSW). The dispute arose out of allegations that the appellant had conducted unauthorised building work, which resulted in the removal of heritage items from a property. The case was heard in the Supreme Court of New South Wales.

The primary legal issue before the court was whether the appellant had indeed breached the Environmental Planning and Assessment Act by undertaking unauthorised work that led to the removal of heritage items. A secondary issue concerned the interpretation of specific provisions within the Act and the accompanying regulations that were alleged to have been breached. The court was required to determine whether the appellant's actions were in compliance with the legislative requirements.

The court found that the appellant had indeed contravened the Act by undertaking unauthorised work that resulted in the removal of heritage items. The court emphasised that the Act and regulations must be strictly adhered to in order to protect heritage properties. In interpreting the relevant provisions, the court held that the appellant's actions clearly fell outside the permitted scope of work without proper authorisation. The court granted the declaration sought by the respondent, affirming that the appellant had contravened the Act.

The final orders of the court included a declaration that the appellant had contravened the Environmental Planning and Assessment Act 1979 (NSW) by undertaking unauthorised work that resulted in the removal of heritage items from a property. The court further ordered that the appellant was required to comply with any additional directions or requirements set forth by the respondent, Northern Beaches Council, in order to remedy the situation and ensure future compliance with the Act.

Orders

Orders of the court

See (4) below

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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