Land and Environment Court New South Wales Medium Neutral Citation: Merrin Developments Pty Ltd v Northern Beaches Council [2017] NSWLEC 1075 Hearing dates: Conciliation conference on 16 January & 13 February 2017 Date of orders: 22 February 2017 Decision date: 22 February 2017 Jurisdiction: Class 1 Before: Smithson 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: Merrin Developments Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: Ms J. Reid (Applicant) Solicitors: Mr C McFadzean, Swaab Lawyers (Applicant) Ms D Townsend, King Wood & Mallesons (Respondent) File Number(s): 2016/341084 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 make, 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 Number Title Author Date Sheet No. DD01, Issue P11 Ground Floor and Basement Plans Platinum Design Architects 20 January 2017 Sheet No. DD01A, Issue P4 Apartment Building Basement Plan Sheet No. DD02, Issue P7 First Floor and Section Floor Plans Sheet No. DD03, Issue P7 Streetscape Elevations 1 and Schedule of External Finishes Sheet No. DD04, Issue P7 Streetscape Elevations 2 and Schedule of External Finishes Sheet No. DD06, Issue P4 Roof Plan Sheet No. DD07, Issue P1 Thermal Specification INT02-DA-100 Coversheet, Imagery & Plant Schedule Sym Studio January 2017 INT02-S34-101, Issue A Landscape Plan (RFB) 27 January 2017 INT02-S34-901, Issue A Landscape Sections 27 January 2017 1. The appeal is upheld. 2. Development application No. N0389/16 for Construction of a residential flat building 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. ………………………. Commissioner Smithson 341084.16 Smithson (C) (203 KB, pdf) 341084.16 Smithson - Plans (17.5 MB, 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: 22 February 2017