Godden v Northern Beaches Council

[2016] NSWLEC 1309

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Godden & anor v Northern Beaches Council [2016] NSWLEC 1309
Hearing dates:	Conciliation conference on 14 & 21 July 2016
Date of orders:	21 July 2016
Decision date:	21 July 2016
Jurisdiction:	Class 1
Before:	Dixon 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:	Craig Godden (First Applicant) Renae Godden (Second Applicant) Northern Beaches Council (Respondent)
Representation:	Counsel: M Staunton (Applicant) R White (Respondent) Solicitors: Lawmark Solicitors & Notaries (Applicant) King & Wood Mallesons (Respondent)
File Number(s):	161789 of 2016
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 granted leave to amend the development application to rely upon the following plans:

Title/Name	Drawing No.	Revision /Issue	Date	Prepared by
Site   Plan   &   Site Analysis Plan	DAC01	A	24/08/2015	McDivitt Group Architects
Basement Plan	DA02	A	24/08/2015	McDivitt Group Architects
Ground Floor Plan	D03	A	15/07/2016	McDivitt Group Architects
First Floor & Roof Plan	D04	A	15/07/2016	McDivitt Group Architects
Elevations – Sheet 1	D06	A	15/07/2016	McDivitt Group Architects
Elevations – Sheet 2	D07	A	15/07/2016	McDivitt Group Architects
Sections – Sheet 1	D08	A	15/7/2016	McDivitt Group Architects

2. The Appeal is upheld.

3. Development Application No. N0408/15 for the demolition of a dwelling house and construction of a two (2) storey dwelling house at 13 Dendrobium Crescent, Elanora Heights is approved subject to the conditions in Annexure A.

4. As a consequence of order (1) and pursuant to section 97B of the Environment Planning and Assessment Act 1979, the Applicant is ordered to pay the Respondent’s costs thrown away as a result of amending the development application, as agreed or assessed.

…………….

Susan Dixon

Commissioner

161789.16 Dixon (C) (365 KB, pdf)

Amendments

27 July 2016 - typographical error in order (4) amended.