Anglican Community Services (trading as Anglicare) v Northern Beaches Council [2016] NSWLEC 1461

Land and Environment Court New South Wales

Medium Neutral Citation: Anglican Community Services (trading as Anglicare) v Northern Beaches Council [2016] NSWLEC 1461 Hearing dates: Conciliation conference on 3 August, 7, 28 September 2016 Date of orders: 05 October 2016 Decision date: 05 October 2016 Jurisdiction: Class 1 Before: Smithson C Decision: See (4) below Catchwords: MODIFICATION APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Anglican Community Services (trading as Anglicare) (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M. Carpenter (Respondent)

Solicitors: F. Rourke, Norton Rose Fulbright (Applicant) O. Adams, King & Wood Mallesons (Respondent) File Number(s): 2016/00176962 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 Modification Application No. N0267/13/S96/3 to rely upon the amended plans as identified in Condition AA of the conditions of consent annexed hereto and marked "A". 2. The appeal is upheld. 3. Development Consent No. N0267/13 is modified in accordance with Modification Application No. N0267/13/S96/3, pursuant to s96(2) of the Environmental Planning and Assessment Act 1979 (NSW), subject to the conditions annexed hereto and marked "A". ……………. Jenny Smithson Commissioner 176962.16 - Annexure A (115 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: 06 October 2016