Michael Lockley v Northern Beaches Council

[2018] NSWLEC 1052

Land and Environment Court

New South Wales

Medium Neutral Citation:	Michael Lockley v Northern Beaches Council [2018] NSWLEC 1052
Hearing dates:	Conciliation conference on 12 February 2018
Date of orders:	12 February 2018
Decision date:	12 February 2018
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:	Michael Lockley (Applicant) Northern Beaches Council (Respondent)
Representation:	Solicitor: David O’Donnell, Addisons Lawyers (Applicant) Ms Debra Townsend, King & Wood Mallesons (Respondent)
File Number(s):	2017/259254
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 on the amended plans listed in condition A1 of Annexure “A” to this agreement.

2. The appeal is upheld.

3. Development Application No. N0519/16/R, as amended pursuant to paragraph 2(b) above, for the construction of an inclinator at 893 Barrenjoey Road, Palm Beach (Lot 6 DP 13620), is approved subject to the conditions set out in Annexure “A” to this agreement.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (59.6 KB, pdf)