Ascot Project Management Pty Ltd v Northern Beaches Council [2016] NSWLEC 1368

Land and Environment Court New South Wales

Medium Neutral Citation: Ascot Project Management Pty Ltd v Northern Beaches Council [2016] NSWLEC 1368 Hearing dates: Conciliation conference on 24 May, 14, 20 June, 11 July, 3 August 2016 Date of orders: 03 August 2016 Decision date: 03 August 2016 Jurisdiction: Class 1 Before: Hussey AC Decision: See (4) below Catchwords: Development Application: Residential flat building, water balance/ quality, access, built form, essential services, provision, landscaping; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Ascot Project Management Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: Mr N. Eastman (Respondent) Solicitors: Mr M. Sonter, Mills Oakley (Applicant) King & Wood Mallesons (Respondent) File Number(s): 2016/00150728 Publication restriction: No

Judgment 1. ACTING 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. Development Application DA 471/2015 for the construction of a 28 unit residential flat building over three levels located at 6 Orchard Street, Warriewood is approved subject to the conditions contained in Annexure "A". ……………. R Hussey Acting Commissioner 150728.16 - Annexure A (138 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: 30 August 2016