Vigor Master Pty Ltd v Northern Beaches Council

[2016] NSWLEC 1407

Land and Environment Court

New South Wales

Medium Neutral Citation:	VIGOR MASTER PTY LTD v Northern Beaches Council [2016] NSWLEC 1407
Hearing dates:	Conciliation conference on 29, 30 August 2016
Date of orders:	12 September 2016
Decision date:	12 September 2016
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:	VIGOR MASTER PTY LIMITED (Applicant) NORTHERN BEACHES COUNCIL (Respondent)
Representation:	Ms I Wang, Vigor Master (Applicant) Mr S Patterson, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2016/160380
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 given leave to amend the development application by substituting the following plans as the plans relied upon for the purposes of the development application:

Architectural Plans - Endorsed with Council's stamp
Drawing No.		Dated		Prepared By
A001 Issue C		29 August 2016		Vigor Master
A101 Issue C		29 August 2016		Vigor Master
A102 Issue C		29 August 2016		Vigor Master
A103 Issue C		29 August 2016		Vigor Master
A104 Issue C		29 August 2016		Vigor Master
A201 Issue C		29 August 2016		Vigor Master
A202 Issue C		29 August 2016		Vigor Master
A203 Issue C		29 August 2016		Vigor Master
A204 Issue C		29 August 2016		Vigor Master
A300 Issue C		29 August 2016		Vigor Master
Landscape Plans
Drawing No.	Dated		Prepared By
A005 Issue C	29 August 2016		Vigor Master

2. The appeal is upheld.

3. Development consent is granted to Development Application No. 2016/0095 for the construction of a two storey, five bedroom dwelling with a basement garage accommodating three cars, and an attached one bedroom secondary dwelling at 10 Bayview Close, Frenchs Forest, subject to the conditions annexed to this Agreement at “A”.

………………………...

Commissioner Chilcott

160380.16 Chilcott (C) (368 KB, pdf)

160380.16 Chilcott - Plans (873 KB, pdf)

Decision last updated: 12 September 2016