Nolene Deane v Northern Beaches Council

[2017] NSWLEC 1326

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Nolene Deane v Northern Beaches Council [2017] NSWLEC 1326
Hearing dates:	Conciliation conference on 23 June 2017
Date of orders:	26 June 2017
Decision date:	26 June 2017
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See [5] below
Catchwords:	DEVELOPMENT APPEAL: replacement of waterfront facilities – conciliation conference - agreement between the parties- orders
Legislation Cited:	Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979
Cases Cited:	Nil
Texts Cited:	Nil
Category:	Principal judgment
Parties:	Nolene Deane (Applicant) Northern Beaches Council (Respondent)
Representation:	Solicitors: Sattler & Associates (Applicant) King & Wood Mallesons (Respondent)
File Number(s):	2017/00098042
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal by Council of a development application N0503/16. The application sought approval for the replacement and alteration of waterfront facilities at 128 Waterview Street, Mona Vale.

2. 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”.

3. 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.

4. 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.

5. The final orders to give effect to the parties’ agreement are:

1. The appeal is upheld;

2. Development application N0503/16 for amendments to the existing waterfront facilities at 128 Waterview Street, Mona Vale (Lot 1 DP 545510), is approved subject to the conditions in Annexure A.

…………….

D M Dickson

Commissioner of the Court

98042.17 Dickson (C) (123 KB, pdf)

Amendments

27 June 2017 - Spelling of Applicants name is corrected