Wallace v Northern Beaches Council

[2017] NSWLEC 1388

Land and Environment Court

New South Wales

Medium Neutral Citation:	Wallace v Northern Beaches Council [2017] NSWLEC 1388
Hearing dates:	Conciliation conference on 21 July 2017
Date of orders:	21 July 2017
Decision date:	21 July 2017
Jurisdiction:	Class 1
Before:	Gray C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION – alterations and additions to dwelling house - conciliation conference - agreement between the parties - orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Steve Wallace (Applicant) Northern Beaches Council (Respondent)
Representation:	Solicitor: Mr Shaw, Shaw Reynolds Lawyers (Applicant) Ms Bond, Kings & Wood Mallesons (Respondent)
File Number(s):	2017/148422
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 Applicant is granted leave to rely on the amended plans listed in condition A1 of Annexure “A”.

2. Pursuant to section 97B of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant shall pay the Respondent’s costs that are thrown away as a result of amending Development Application No. N0116/17 in the sum of $4,900.00 all inclusive, such costs to be paid within 14 days of these orders.

3. The appeal is upheld.

4. Development Application No. N0116/17, as amended pursuant to paragraph (1) above, for alterations and additions to an existing dwelling at 24 Rednal Street, Mona Vale (Lot 3 in Deposited Plan 560884), is approved subject to the conditions set out in Annexure “A”.

……………………….

Commissioner Gray

148422.17 Gray (C) (134 KB, pdf)