Walter Barda Design Pty Ltd v Pittwater Council

[2016] NSWLEC 1290

Land and Environment Court

New South Wales

Medium Neutral Citation:	Walter Barda Design Pty Ltd v Pittwater Council [2016] NSWLEC 1290
Hearing dates:	Conciliation conference on 21, 22 June, 4, 5 July 2016
Date of orders:	11 July 2016
Decision date:	11 July 2016
Jurisdiction:	Class 1
Before:	Dixon C
Decision:	See (4) below
Catchwords:	APPEAL – Development application: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Walter Barda Design Pty Ltd (Applicant) Pittwater Council (Respondent)
Representation:	Counsel: Ian Hemmings SC (Applicant) Heather Irish (Respondent) Solicitors: S Moran & Co Solicitors (Applicant) King & Wood Mallesons (Respondent)
File Number(s):	151553 of 2016
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 Class 1 application be upheld;

2. The Applicant is granted leave to rely on amended plans listed in Annexure 'A'; and

3. Development Application no. N0415/15 for the demolition of the existing dwelling, construction of a new dwelling with basement and swimming pool and new driveway works within road reserve at 42 Ocean Road, Palm Beach, NSW 2108 (Lot 2 DP 222041), be approved with the granting of development consent subject to the conditions set out in Annexure 'A'.

…………….

Susan Dixon

Commissioner

151553.16 - Annexure A (105 KB, pdf)