Vigor Master Pty Ltd v Northern Beaches Council

[2017] NSWLEC 1615

Land and Environment Court

New South Wales

Medium Neutral Citation:	Vigor Master Pty Ltd v Northern Beaches Council [2017] NSWLEC 1615
Hearing dates:	Conciliation conference on 3 July 2017 and 31 October 2017
Date of orders:	01 November 2017
Decision date:	01 November 2017
Jurisdiction:	Class 1
Before:	Dixon 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 Ltd (Applicant) Northern Beaches Council (Respondent)
Representation:	Solicitors: Pei Long Wu, Director of Vigor Master Pty Ltd (Applicant) Mr S Patterson, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2017/78703
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. Deferred Commencement Condition 1 in Development Consent No. DA 2013/1203 is deleted.

2. The appeal is upheld.

3. Modification Application No. 2016/246 to modify Development Consent No. DA 2013/1203 for an approved boarding house located at 74 Willandra Road, Narraweena NSW, legally identified as Lot 810, DP 752038 is approved subject to the conditions in Annexure "A".

……………………….

Commissioner S Dixon

Annexure A (C) (477 KB, pdf)