Land and Environment Court New South Wales Medium Neutral Citation: Godden & anor v Northern Beaches Council [2016] NSWLEC 1309 Hearing dates: Conciliation conference on 14 & 21 July 2016 Date of orders: 21 July 2016 Decision date: 21 July 2016 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: Craig Godden (First Applicant) Renae Godden (Second Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) R White (Respondent) Solicitors: Lawmark Solicitors & Notaries (Applicant) King & Wood Mallesons (Respondent) File Number(s): 161789 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 Applicant is granted leave to amend the development application to rely upon the following plans: Title/Name Drawing Revision Date Prepared by No. /Issue Site Plan & Site DAC01 A 24/08/2015 McDivitt Group Analysis Plan Architects Basement Plan DA02 A 24/08/2015 McDivitt Group Architects Ground Floor Plan D03 A 15/07/2016 McDivitt Group Architects First Floor & Roof D04 A 15/07/2016 McDivitt Group Plan Architects Elevations – Sheet 1 D06 A 15/07/2016 McDivitt Group Architects Elevations – Sheet 2 D07 A 15/07/2016 McDivitt Group Architects Sections – Sheet 1 D08 A 15/7/2016 McDivitt Group Architects 1. The Appeal is upheld. 2. Development Application No. N0408/15 for the demolition of a dwelling house and construction of a two (2) storey dwelling house at 13 Dendrobium Crescent, Elanora Heights is approved subject to the conditions in Annexure A. 3. As a consequence of order (1) and pursuant to section 97B of the Environment Planning and Assessment Act 1979, the Applicant is ordered to pay the Respondent's costs thrown away as a result of amending the development application, as agreed or assessed. ……………. Susan Dixon Commissioner 161789.16 Dixon (C) (365 KB, pdf) Amendments 27 July 2016 - typographical error in order (4) amended. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 27 July 2016