Land and Environment Court New South Wales Medium Neutral Citation: Merrin Developments Pty Ltd v Northern Beaches Council [2016] NSWLEC 1545 Hearing dates: Conciliation conference on 29 June 2016 Date of orders: 17 November 2016 Decision date: 17 November 2016 Jurisdiction: Class 1 Before: Fakes AC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION; subdivision; multi-dwelling housing; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Merrin Developments Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Applicant: Mr C McFadzean (Solicitor) Respondent: Ms J Reid (Barrister) Ms J Munn (Solicitor) Solicitors: Applicant: Swaab Attorneys Respondent: King & Wood Mallesons File Number(s): 155984 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. Leave is granted to the Applicant to rely on the following amended plans: Drawing No: Title Author Date DA101 BD Site Plan Intercapital Consultants 17.10.16 DA102 N Elevations " 07.10.16 DA107 B Adaptable floor plans Lots 1-4 and 15-19 " 08.07.16 DA108 E Roof Plan " 28.09.16 DA109 B Floor Plans Lots 12-19 " 08.07.16 DA110 A Individual floor plans Lots 1-8 " 08.07.16 DA111 E Individual floor plans Lots 9-14 " 29.09.16 DA112 B Individual floor plans Lots 15-19 " 30.09.16 DA113 C Indicative Utilities Plan " June 2016 DA115 Lift Shaft details " 19.08.16 INT03-DA 101E Landscape plan Sym Studio 27.07.16 C100 C Site Plan SGC 21.07.16 C200 F General arrangement plan – sheet 1 " 21.07.16 C201 E General arrangement plan – sheet 2 " 21.07.16 C204 C Road longitudinal section – sheet 1 " 21.07.16 C205 D Road longitudinal section – sheet 2 " 21.07.16 C300 D Stormwater Drainage Concept plan – sheet 1 " 27.07.16 C301 E Stormwater Drainage concept plan – sheet 2 " 27.07.16 C302 C Stormwater Drainage concept plan – Details Sheet " 21.07.16 C351 F Road Typical Sections " 21.07.16 C400 C Soil and water management plan " 21.07.16 C401 C Soil and water management plan – Details sheet " 21.07.16 C500 C Creek corridor works – Plan & Long section " 21.07.16 C501 B Creek corridor works – Creek sections " 21.07.16 SW101 B Stormwater concept designs Basement plan " 27.07.16 Sw102 B Stormwater Concept Design Site Plan " 27.07.16 1. The appeal is upheld. 2. Development application No. N0477/14 for Construction of 19 Dwellings related to subdivision DA N-350-14 at 53, 53A and 53B Warriewood Road, Warriewood, is approved in accordance with the conditions, including deferred commencement conditions, set out in Annexure A. _______________________ Judy Fakes Acting Commissioner of the Court 155984.16 Fakes (C) (262 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: 18 November 2016