Maggs v Northern Beaches Council

[2018] NSWLEC 1072

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Maggs v Northern Beaches Council [2018] NSWLEC 1072
Hearing dates:	Conciliation conference on 6 December 2018, 12 December 2018, 19 January 2018, 5 February 2018 and 16 February 2018
Date of orders:	16 February 2018
Decision date:	16 February 2018
Jurisdiction:	Class 1
Before:	Dickson 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:	David Maggs (First Applicant) Sammy See (Second Applicant) Northern Beaches Council (Respondent)
Representation:	Solicitor: Ms Alyce Jefferys, Swaab Attorneys (Applicant) Mr Stephen Patterson, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2017/232461
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 rely upon the following amended material copies of which are behind Annexure 'A'.

Drawing No. and Issue	Drawing Title	Prepared by	Date of Plan
A00, Rev E	Cover Page	Kaunitz Yeung Architecture	21 December 2017
A01, Rev F	Site Plan	Kaunitz Yeung Architecture	21 December 2017
A02, Rev F	Demolition Plan	Kaunitz Yeung Architecture	21 December 2017
A03, Rev F	Site Plan – Proposed Childcare Centre (A1)	Kaunitz Yeung Architecture	21 December 2017
A04, Rev F	Site Plan – Proposed Residential Dwelling House (A1)	Kaunitz Yeung Architecture	21 December 2017
A05, Rev F	Childcare Centre Floor Plan	Kaunitz Yeung Architecture	21 December 2017
A06, Rev E	Childhood Compliance Plan	Kaunitz Yeung Architecture	21 December 2017
A07, Rev E	Childcare GFA Plan	Kaunitz Yeung Architecture	21 December 2017
A08, Rev E	Residential Ground Floor Plan	Kaunitz Yeung Architecture	21 December 2017
A09, Rev F	Residential First Floor Plan	Kaunitz Yeung Architecture	21 December 2017
A10, Rev E	Residential GFA Plan	Kaunitz Yeung Architecture	21 December 2017
A11, Rev F	Site Section A /Building Elevations	Kaunitz Yeung Architecture	21 December 2017
A12, Rev F	Site Section B /Building Elevations	Kaunitz Yeung Architecture	21 December 2017
A13, Rev F	Site Section C, D/ Building Elevations	Kaunitz Yeung Architecture	21 December 2017
A14, Rev F	Site Section E, F, G/ Building Elevations	Kaunitz Yeung Architecture	21 December 2017
A15, Rev F	Site Section R, S, T/ Building Elevations	Kaunitz Yeung Architecture	21 December 2017
A16, Rev F	Site Section U, V, W/ Building Elevations	Kaunitz Yeung Architecture	21 December 2017
A700, Rev C	Colours and Finishes Schedule – Childcare	Kaunitz Yeung Architecture	21 December 2017
A701, Rev C	Colours and Finishes Schedule – Residential	Kaunitz Yeung Architecture	21 December 2017
DR-000, Rev 3	Legend	Stellen Consulting	19 December 2017
DR-001, Rev 2	Site Layout	Stellen Consulting	19 December 2017
DR-002, Rev 3	Stormwater & Septic System Layout Residential Dwelling	Stellen Consulting	20 December 2017
DR-003, Rev 3	Stormwater & Septic Layout Childcare Centre	Stellen Consulting	20 December 2017
DR-004, Rev 1	Roof Layout Residential & Childcare Centre	Stellen Consulting	20 December 2017
DR-005, Rev 2	Pit and Swale Details	Stellen Consulting	20 December 2017
DR-006, Rev 1	Wastewater Process Flow Diagram Residential and Childcare Centre	Stellen Consulting	20 December 2017
DR-007, Rev 3	On Site Detention Basin Detail	Stellen Consulting	20 December 2017
DR-008, Rev 2	On Site Detention to Gross Pollutant Trap Longsection and Drains Output	Stellen Consulting	20 December 2017
Document No. P160203-RP-0001	Design Report	Stellen Consulting	20 December 2017
LCP-01-B	DA Site Plan	Fiona Robbe	20 December 2017
LCP-02-B	Childcare DA Landscape Plan	Fiona Robbe	20 December 2017
LCP-03-B	DA Precedent Images	Fiona Robbe	20 December 2017
LCP-04-B	Childcare DA Concept Plan	Fiona Robbe	20 December 2017
LCP-05-B	Carpark Landscape Plan	Fiona Robbe	20 December 2017
LCP-06-B	Residential Landscape Plan	Fiona Robbe	20 December 2017
LCP-07-B	Fencing Details	Fiona Robbe	20 December 2017

2. The appeal is upheld.

3. Consent is granted to Development Application No. DA-17-0087 for the demolition of the existing dwelling house and associated out buildings, construction of a new dwelling house, construction of a childcare centre for 90 children and associated works including landscaping and tree removal on Lot 2069 DP 752038 and Lot 2 DP1205253 (known as 198 Forest Way, Belrose) is approved subject to the conditions in Annexure 'B'.

……………………….

D M Dickson

Commissioner of the Court

Annexure A (3.36 MB, pdf)

Annexure B (324 KB, pdf)

Amendments

20 February 2018 - Date of Orders and Date of Decision amended

23 February 2018 - Annexure B word to PDF version

Decision last updated: 23 February 2018