Merrin Developments Pty Ltd v Northern Beaches Council
[2016] NSWLEC 1545
•17 November 2016
Land and Environment Court
New South Wales
Medium Neutral Citation: Merrin Developments Pty Ltd v Northern Beaches Council [2016] NSWLEC 1545 Hearing dates: Conciliation conference on 29 June 2016 Date of orders: 17 November 2016 Decision date: 17 November 2016 Jurisdiction: Class 1 Before: Fakes AC Decision: See (4) below
Catchwords: DEVELOPMENT APPLICATION; subdivision; multi-dwelling housing; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Merrin Developments Pty Ltd (Applicant)
Northern Beaches Council (Respondent)Representation: Applicant: Mr C McFadzean (Solicitor)
Solicitors:
Respondent: Ms J Reid (Barrister) Ms J Munn (Solicitor)
Applicant: Swaab Attorneys
Respondent: King & Wood Mallesons
File Number(s): 155984 of 2016 Publication restriction: No
Judgment
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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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
Leave is granted to the Applicant to rely on the following amended plans:
Drawing No:
Title
Author
Date
DA101 BD
Site Plan
Intercapital Consultants
17.10.16
DA102 N
Elevations
“
07.10.16
DA107 B
Adaptable floor plans Lots 1-4 and 15-19
“
08.07.16
DA108 E
Roof Plan
“
28.09.16
DA109 B
Floor Plans Lots 12-19
“
08.07.16
DA110 A
Individual floor plans Lots 1-8
“
08.07.16
DA111 E
Individual floor plans Lots 9-14
“
29.09.16
DA112 B
Individual floor plans Lots 15-19
“
30.09.16
DA113 C
Indicative Utilities Plan
“
June 2016
DA115
Lift Shaft details
“
19.08.16
INT03-DA 101E
Landscape plan
Sym Studio
27.07.16
C100 C
Site Plan
SGC
21.07.16
C200 F
General arrangement plan – sheet 1
“
21.07.16
C201 E
General arrangement plan – sheet 2
“
21.07.16
C204 C
Road longitudinal section – sheet 1
“
21.07.16
C205 D
Road longitudinal section – sheet 2
“
21.07.16
C300 D
Stormwater Drainage Concept plan – sheet 1
“
27.07.16
C301 E
Stormwater Drainage concept plan – sheet 2
“
27.07.16
C302 C
Stormwater Drainage concept plan – Details Sheet
“
21.07.16
C351 F
Road Typical Sections
“
21.07.16
C400 C
Soil and water management plan
“
21.07.16
C401 C
Soil and water management plan – Details sheet
“
21.07.16
C500 C
Creek corridor works – Plan & Long section
“
21.07.16
C501 B
Creek corridor works – Creek sections
“
21.07.16
SW101 B
Stormwater concept designs Basement plan
“
27.07.16
Sw102 B
Stormwater Concept Design Site Plan
“
27.07.16
The appeal is upheld.
Development application No. N0477/14 for Construction of 19 Dwellings related to subdivision DA N-350-14 at 53, 53A and 53B Warriewood Road, Warriewood, is approved in accordance with the conditions, including deferred commencement conditions, set out in Annexure A.
_______________________
Judy Fakes
Acting Commissioner of the Court
155984.16 Fakes (C) (262 KB, pdf)
Decision last updated: 18 November 2016
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