Mah-Chut v Northern Beaches Council (formerly Manly Council)

[2016] NSWLEC 1189

Land and Environment Court

New South Wales

Medium Neutral Citation:	Mah-Chut v Northern Beaches Council (formerly Manly Council) [2016] NSWLEC 1189
Hearing dates:	Conciliation conference on 17 May 2016
Date of orders:	23 May 2016
Decision date:	23 May 2016
Jurisdiction:	Class 1
Before:	Pearson C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION; Subdivision; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Lisa Mah-Chut (Applicant) Northern Beaches Council (formerly Manly Council) (Respondent)
Representation:	Solicitors: Mr C Gough, Storey & Gough Lawyers (Applicant) Ms P Hudson, Marsdens Law Group (Respondent)
File Number(s):	2016/159475 (formerly 10950 of 2015)
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 are:

1. The name of the Respondent is amended to be Northern Beaches Council;

2. The appeal is upheld; and

3. Development Application No 103/2015 as amended for: a two lot subdivision, the demolition of part of the single dwelling comprising the single garage and room above, along the southern boundary, and the demolition of the swimming pool at the rear, on the land at 36 Beatrice Street, Balgowlah Heights is approved subject to the conditions set out in Annexure “A” hereto.

…………….

Linda Pearson

Commissioner

159475.16 Pearson (C) (202 KB, pdf)