Rae Cottle v Northern Beaches Council

[2016] NSWLEC 1346

Land and Environment Court

New South Wales

Medium Neutral Citation:	Rae Cottle v Northern Beaches Council [2016] NSWLEC 1346
Hearing dates:	Conciliation conference on 17 August 2016
Date of orders:	17 August 2016
Decision date:	17 August 2016
Jurisdiction:	Class 1
Before:	O’Neill 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:	Rae Cottle (Applicant) Northern Beaches Council (Respondent)
Representation:	Counsel: Mr N. Eastman barrister (Applicant) Ms O. Adams solicitor (Respondent) Solicitors: Mills Oakley (Applicant) Northern Beaches Council (Respondent)
File Number(s):	2016/161946
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 under s34(3) of the Land and Environment Court Act 1979 are:

1. The Applicant is granted leave to rely on the amended plans as identified in Condition 1 of Annexure ‘A’;

2. The appeal is upheld; and

3. Development application N0005/16 for demolition of existing dwelling and construction of a new dwelling and swimming pool at 13 Malo Road, Whale Beach is approved subject to the conditions contained in Annexure ‘A’.

…………….

Commissioner O'Neill

161946.16 O'Neill (C) (229 KB, pdf)

161946.16 O'Neill - Plans (1.10 MB, pdf)