Salama v Northern Beaches Council

[2018] NSWLEC 1264

Land and Environment Court

New South Wales

Medium Neutral Citation:	Salama v Northern Beaches Council [2018] NSWLEC 1264
Hearing dates:	Conciliation conference on 19 March, 17 April, 10 May 2018
Date of orders:	04 June 2018
Decision date:	04 June 2018
Jurisdiction:	Class 1
Before:	Dixon SC
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:	Jean-Pierre Salama (First Applicant) Michael Hopkins (Second Applicant) Deborah Hopkins (Third Applicant) Northern Beaches Council (Respondent)
Representation:	Solicitors: G McKee, McKees Legal Solutions (Applicant) S Patterson, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2017/307198
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 Appeal is upheld.

2. Development Application DA2017/0825 proposed the construction of coastal protections works (a seawall) on the eastern boundary of properties known as 1104 & 1106 Pittwater Road, Collaroy, NSW is approved subject to the conditions set out in Annexure “A” to this agreement.

……………………….

Susan Dixon

Senior Commissioner of the Court

Annexure A (99.0 KB, pdf)

Decision last updated: 05 June 2018