Woolwich Pty Ltd as trustee for Margaret Street Unit Trust v Northern Beaches Council

[2017] NSWLEC 1686

Land and Environment Court

New South Wales

Medium Neutral Citation:	Woolwich Pty Ltd as trustee for Margaret Street Unit Trust v Northern Beaches Council [2017] NSWLEC 1686
Hearing dates:	Conciliation conference on 29 November 2017
Date of orders:	29 November 2017
Decision date:	29 November 2017
Jurisdiction:	Class 1
Before:	Bish C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: 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:	Woolwich Pty Ltd as trustee for Margaret Street Unit Trust (Applicant) Northern Beaches Council (Respondent)
Representation:	Solicitors: Dentons Australia Pty Ltd (Applicant) King Wood & Mallesons (Australia) (Respondent)
File Number(s):	2017/53907
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 appeal is upheld.

2. The Applicant is granted leave to rely on the amended plans listed in condition A1 of Annexure “A” to this agreement.

3. Development Application No. N0491/16, as amended pursuant to paragraph 2(b) above, for the subdivision of land and associated civil works and landscaping at 41 Warriewood Road, Warriewood (Lot 32 Section C DP 5464), is approved subject to the conditions set out in Annexure “A” to this agreement.

4. 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. N0491/16 in the sum of $25,000 all inclusive, such costs to be paid within 21 days of these orders. This order is in full and final satisfaction of order 8 of the Court’s orders made on 4 August 2017, as well as costs payable in relation to the further amendments set out at paragraph 2(b) above.

……………………….

Commissioner Bish

Annexure A (C) (384 KB, pdf)