Vigor Master Pty Ltd v Northern Beaches Council

[2016] NSWLEC 1312

Land and Environment Court

New South Wales

Medium Neutral Citation:	Vigor Master Pty Ltd v Northern Beaches Council [2016] NSWLEC 1312
Hearing dates:	Conciliation conference on 22 July 2016
Date of orders:	22 July 2016
Decision date:	22 July 2016
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLIOCATION: construction of a boarding house: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Vigor Master Pty Ltd (Applicant) Northern Beaches Council (Respondent)
Representation:	Counsel: Ms I. Wang, solicitor (Applicant) Mr S. Patterson, solicitor (Respondent) Solicitors: Vigor Master Pty Ltd (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent)
File Number(s):	2016/00159587
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of DA2014/1180 for the construction of a boarding house at 76 Willandra Road Narraweena.

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 under s34(3) of the Land and Environment Court Act 1979 are:

1. The Applicant is granted leave to rely upon the plans set out in operational condition 1 in Annexure “A”.

2. The Applicant is to pay the Respondent’s costs thrown away as a result of amending the development application pursuant to s.97B as may be agreed or assessed.

3. The appeal is upheld.

4. Development Consent is granted to Development Application No. DA2014/1180 for construction of a boarding house on vacant land at No.76 Willandra Road, Narraweena, subject to the conditions in Annexure “A”.

…………….

G T Brown

Commissioner

159587.16 gtb (C) (420 KB, pdf)