Vigor Master Pty Ltd v Northern Beaches Council [2016] NSWLEC 1312

Land and Environment Court New South Wales

Medium Neutral Citation: Vigor Master Pty Ltd v Northern Beaches Council [2016] NSWLEC 1312 Hearing dates: Conciliation conference on 22 July 2016 Date of orders: 22 July 2016 Decision date: 22 July 2016 Jurisdiction: Class 1 Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLIOCATION: construction of a boarding house: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Vigor Master Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: Ms I. Wang, solicitor (Applicant) Mr S. Patterson, solicitor (Respondent)

Solicitors: Vigor Master Pty Ltd (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2016/00159587 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal against the refusal of DA2014/1180 for the construction of a boarding house at 76 Willandra Road Narraweena. 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, 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 Applicant is granted leave to rely upon the plans set out in operational condition 1 in Annexure "A". 2. The Applicant is to pay the Respondent's costs thrown away as a result of amending the development application pursuant to s.97B as may be agreed or assessed. 3. The appeal is upheld. 4. Development Consent is granted to Development Application No. DA2014/1180 for construction of a boarding house on vacant land at No.76 Willandra Road, Narraweena, subject to the conditions in Annexure "A". ……………. G T Brown Commissioner 159587.16 gtb (C) (420 KB, pdf) 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: 28 July 2016