Finch v Central Coast Council [2016] NSWLEC 1248

Land and Environment Court New South Wales

Medium Neutral Citation: Finch v Central Coast Council [2016] NSWLEC 1248 Hearing dates: Conciliation conference on 15 June 2016 Date of orders: 16 June 2016 Decision date: 16 June 2016 Jurisdiction: Class 1 Before: Morris 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: Paul Finch (Applicant) Central Coast Council (Respondent) Representation: Counsel: Mr M Staunton (Applicant)

Solicitors: Mr A Seton, Marsdens Law Group (Respondent) File Number(s): 155489/2016 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 Appeal is upheld. 2. Section 96(2) application No. DA22405/2003 Part 3 lodged with Respondent on 21 September 2015 to modify Development Consent No. DA22405/2003 as modified by DA22405/2003 Part 2 for dwelling addition at 26 Namatjira Drive, McMasters Beach is determined by approving the modifications as set out in Annexure A. (3) As a consequence of order (2), Development Consent No. DA22405/2003 is now subject to the consolidated, modified conditions of development consent set out in Annexure B. ……………. Sue Morris Commissioner 155489.2016 (C Annexures A and B) (288 KB, pdf) 155489.16 Morris_LE 10205 of 2016 - Elevations (3) (63.9 KB, pdf) 155489.16 Morris_LE 10205 of 2016 - Floor Plan Upper Level (66.6 KB, pdf) 155489.16 Morris_LE 10205 of 2016 - Lower level floor plans (3) (49.3 KB, pdf) 155489.16 Morris_LE 10205 of 2016 - Section (67.0 KB, pdf)