Timm v Northern Beaches Council

[2017] NSWLEC 1149

Land and Environment Court

New South Wales

Medium Neutral Citation:	Timm v Northern Beaches Council [2017] NSWLEC 1149
Hearing dates:	Conciliation conference on 9 March 2017
Date of orders:	24 March 2017
Decision date:	24 March 2017
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See [5] below
Catchwords:	DEVELOPMENT APPEAL under s97(1)(b) against refusal of application for subdivision of existing residential lot into two lots: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979
Category:	Principal judgment
Parties:	Stephen Timm (Applicant) Northern Beaches Council (Respondent)
Representation:	Solicitors: Mr. G, McKee, McKee Legal Solutions (Applicant) Mr. S, Patterson, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2016/00341442
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal, under s97(1)(b) of the Environmental Planning and Assessment Act 1979, against the refusal of Development Application No. 2016/0712 for the Torrens title subdivision of one lot into two lots, and alterations and additions to the existing dwelling at 5 Iraga Place, Forrestville.

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; and

2. Development Application No. Da2016/0712 at 5 Iraga Place, Forrestville for the Torrens title subdivision (one lot into two lots) and park demolition and additions to the existing dwelling house on Lot 1. is approved subject to conditions of consent set out in Annexure A.

…………….

D M Dickson

Commissioner of the Court

341442.16 Dickson (C) (243 KB, pdf)

341442.16 Plans (5.22 MB, pdf)