Gartner Trovato Architects Pty Limited v Northern Beaches Council [2017] NSWLEC 1177

Land and Environment Court New South Wales

Medium Neutral Citation: Gartner Trovato Architects Pty Limited v Northern Beaches Council [2017] NSWLEC 1177 Hearing dates: Conciliation conference on 31 March 2017 Date of orders: 05 April 2017 Decision date: 05 April 2017 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: Gartner Trovato Architects Pty Limited (Applicant) Northern Beaches Council (Respondent) Representation: Solicitor: Mr M Staunton, Martin Place Chambers (Applicant) Ms H Irish, Martin Place Chambers (Respondent) File Number(s): 2016/254836 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. The Applicant is granted leave to amend the development application to rely upon the following plans and information: 1. Architectural plan number 05C (attached); and 2. the application for use to now be for a 71 place childcare centre. 1. The Appeal is upheld. 2. Development Application N0200/16 for the demolition of the existing dwelling, swimming pool, garage and ancillary structures, and to construct a part single and part two storey building for use as a 71 place childcare centre with basement parking, is approved subject to the conditions in Annexure A. ………………………. Commissioner Chilcott 254836.16 Chilcott - Architectural Plan number 05C (529 KB, pdf) 254836.16 Chilcott (C) - Annexure A (1.18 MB, pdf) 254836.16 Chilcott - POM - Bluey's Treehouse Newport (version 004) March 31 2017 (108 KB, pdf) 254836.16 Chilcott - Architectural Plan number 06C (441 KB, pdf)