Fiona Hughes v Northern Beaches Council [2016] NSWLEC 1384

Land and Environment Court New South Wales

Medium Neutral Citation: Fiona Hughes v Northern Beaches Council [2016] NSWLEC 1384 Hearing dates: Conciliation conference on 25 & 26 August 2016 Date of orders: 26 August 2016 Decision date: 26 August 2016 Jurisdiction: Class 1 Before: Chilcott 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: FIONA HUGHES (Applicant 1) LINCOLN TWINE (Applicant 2) NORTHERN BEACHES COUNCIL (Respondent) Representation: Mr V Conomos, Conomos Legal (Applicant) Mr S Patterson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2016/162908 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 given leave to amend the development application by substituting the following plans as the plans relied upon for the purposes of the development application: Drawing No. Issue Dated Prepared By 0776_DA_01-B Court issue 25 August 2016 CSquared Architects Pty Ltd 0776_DA_02-B Court issue 25 August 2016 CSquared Architects Pty Ltd 0776_DA_05-B Court issue 25 August 2016 CSquared Architects Pty Ltd 0776_DA_06-B Court issue 25 August 2016 CSquared Architects Pty Ltd 0776_DA_07-B Court issue 25 August 2016 CSquared Architects Pty Ltd 0776_DA_08-B Court issue 25 August 2016 CSquared Architects Pty Ltd 0776_DA_09-B Court issue 25 August 2016 CSquared Architects Pty Ltd 0776_DA_11-B Court issue 25 August 2016 CSquared Architects Pty Ltd 0776_DA_13-B Court issue 25 August 2016 CSquared Architects Pty Ltd 0776_DA_18-B Court issue 25 August 2016 CSquared Architects Pty Ltd