James Dargaville v Northern Beaches Council

[2017] NSWLEC 1651

Land and Environment Court

New South Wales

Medium Neutral Citation:	James Dargaville v Northern Beaches Council [2017] NSWLEC 1651
Hearing dates:	Conciliation conference on 20 October, 2 & 10 November 2017
Date of orders:	15 November 2017
Decision date:	15 November 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:	JAMES AND MARGOT DARGAVILLE (Applicant) NORTHERN BEACHES COUNCIL (Respondent)
Representation:	Solicitor: Mr G Green, PV Law(Applicant) Ms C Crossman, King Wood & Mallesons (Respondent)
File Number(s):	2017/202349
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 and rely upon the amended plans and documents referred to in Condition A1 of Attachment "A".

2. The Appeal is upheld.

3. Development Consent is granted to Development Application No. N0530/15 for subdivision of one lot into three, demolition of existing detached garage and new access road to provide access to new lots at 7 Trentwood Park, Avalon Beach (Lot 1 DP 202857), subject to the conditions contained in Attachment “A”.

4. In satisfaction of order 2 of the Court Orders made in these proceedings on 29 August 2017, the Applicant is to pay the Respondent’s costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the amount of $2,000 to be paid within 14 days of the date of these orders.

……………………….

Commissioner Chilcott

Annexure A (248 KB, pdf)