YCW Pty Ltd atf YCW Family Trust v Northern Beaches Council

[2017] NSWLEC 1359

Land and Environment Court

New South Wales

Medium Neutral Citation:	YCW Pty Ltd atf YCW Family Trust v Northern Beaches Council [2017] NSWLEC 1359
Hearing dates:	Conciliation conference on 27 June 2017
Date of orders:	05 July 2017
Decision date:	05 July 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:	YCW Pty Ltd atf YCW Family Trust (First Applicant) Mike & Shan Pty Ltd atf Wu and Kuo Family Trust (Second Applicant) Northern Beaches Council (First Respondent) Sydney North Planning Panel (Second Respondent)
Representation:	Counsel: C McEwen SC with T To (Applicant) K Webber (solicitor) (First Respondent ) H Irish (Second Respondent) Solicitor: J Wauchope, Dentons Australia (Applicants) K Webber, Whilshire Webb Staunton Beattie (Frist Respondent) L McAndrew, Department of Planning (Second Respondent)
File Number(s):	2016/386040
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. Consent is granted to Development Application DA:47/2016 for the demolition of existing buildings and hardstand, excavation, and construction of a three (3) level Child Care Centre with rooftop outdoor play area, for one hundred and eighty six (186) children, forty-six (46) underground car parking spaces and associated landscaping, over Lot 1 in DP115651, Lot A in DP 965656, and Lot A in DP399201, also known as 239 Pittwater Road, Manly, in accordance with the conditions of consent annexed hereto and marked “A”.

……………………….

Commissioner Dixon

386040.16 Dixon (C) (514 KB, pdf)

386040.16 Dixon - Plans (5.85 MB, pdf)