White Dickson Architects Pty Ltd v Central Coast Council

[2017] NSWLEC 1732

Land and Environment Court

New South Wales

Medium Neutral Citation:	White Dickson Architects Pty Ltd v Central Coast Council [2017] NSWLEC 1732
Hearing dates:	Conciliation conference on 14 November 2017
Date of orders:	18 December 2017
Decision date:	18 December 2017
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: mixed use development; conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	White Dickson Architects Pty Ltd (Applicant) Central Coast Council (Respondent)
Representation:	Solicitors: Mr T White, Norton Rose Fulbright Australia (Applicant) Mr M Ball, Central Coast Council (Respondent)
File Number(s):	2017/213014
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of development application 51840 / 2017, for a mixed use development comprising a shop fronting Cape Three Points Road and 22 shop top housing units, comprising 8 x 1 bedroom and 14 x 2 bedroom units, and parking for 41 vehicles in 2 basement levels, at 4 - 6 Cape Three Points Road, Avoca.

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 make, 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 appeal is upheld.

2. Leave is granted to the applicant to rely on the amended plans referred to in condition 1 of annexure “A”;

3. Consent is granted to development application 51840 / 2017, for a mixed use development comprising a shop fronting Cape Three Points Road and 22 shop top housing units, comprising 8 x 1 bedroom and 14 x 2 bedroom units, and parking for 41 vehicles in 2 basement levels, at Lot 78 DP 846068, 4 - 6 Cape Three Points Road, Avoca, subject to the conditions contained in the annexure marked “A” to this agreement.

……………………….

G Brown

Commissioner of the Court

Annexure A (C) (280 KB, pdf)

(Plans) (2.01 MB, pdf)