Gartner Trovato Architects v Northern Beaches Council

[2018] NSWLEC 1567

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Gartner Trovato Architects v Northern Beaches Council [2018] NSWLEC 1567
Hearing dates:	Conciliation conference on 24 October 2018
Date of orders:	26 October 2018
Decision date:	26 October 2018
Jurisdiction:	Class 1
Before:	Maston AC
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 (Applicant) Northern Beaches Council (Respondent)
Representation:	Counsel: M Staunton (Applicant) Solicitors: Sattler & Associates Pty Limited (Applicant) T Naylor, King & Wood Mallesons (Respondent)
File Number(s):	2018/282602
Publication restriction:	No

Judgment

1. ACTING 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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The Appeal is upheld.

2. Modification of 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 in accordance with the amendments set out in Annexure A.

3. As a consequence of Order (2), Development Consent DA N200/16 is now subject to the consolidated, modified conditions of development consent set out in Annexure B.

……………………….

J Maston

Acting Commissioner of the Court

Annexure A (78.2 KB, pdf)

Annexure B (239 KB, pdf)

Plans (2.51 MB, pdf)

Amendments

21 January 2019 - Pursuant to UCPR 36.17, the slip rule, by consent of the parties, amend orders of 26 October 2018 so that Order (3) now reads as follows:

“As a consequence of Order (2), Development Consent DA N200/16 is now subject to the consolidated, modified conditions of development consent set out in Annexure B.”