H Y Koo and Associates v Northern Beaches Council

[2018] NSWLEC 1480

Land and Environment Court

New South Wales

Medium Neutral Citation:	H Y Koo & Associates v Northern Beaches Council [2018] NSWLEC 1480
Hearing dates:	Conciliation conference on 7 September 2018
Date of orders:	07 September 2018
Decision date:	07 September 2018
Jurisdiction:	Class 1
Before:	Chilcott C
Decision:	See [4] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	H Y Koo & Associates (Applicant) Northern Beaches Council (Respondent)
Representation:	Counsel: P Tomasetti (Applicant) Solicitors: Ristevski & Associates (Applicant) E Roberts, Northern Beaches Council (Respondent)
File Number(s):	2018/222061
Publication restriction:	No

Judgment

1. COMMISSIONER: Pursuant to s 34(3) of the Land and Environment Court Act 1979 the parties having reached an agreement acceptable to them (being a decision that the Commissioner is satisfied that the Court could have made in the proper exercise of its functions) the Court disposes of the proceedings in accordance with the decision of the parties titled "AGREEMENT BETWEEN THE PARTIES LAND AND ENVIRONMENT COURT ACT 1979 S34(3)(a)" ("the decision") between H Y Koo & Associates as applicant and Northern Beaches Council as respondent and signed by the parties' legal representatives on 5 and 6 September 2018.

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. Development consent DA2017/1127 that relates to the land at Lot 88 DP 752017 at 88 Eurabba Road, Duffys Forest is modified pursuant to the Environmental Planning and Assessment Act 1979 so as to:

1. Delete condition 12 (Bushland Covenant) therefrom; and

2. Insert condition 47 (Bushland Protection) as set out in annexure "A" to the decision therein.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (347 KB, pdf)