Land and Environment Court New South Wales Medium Neutral Citation: Anthony Gleeson v Northern Beaches Council [2017] NSWLEC 1215 Hearing dates: 28 April 2017 Date of orders: 28 April 2017 Decision date: 28 April 2017 Jurisdiction: Class 1 Before: Morris 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: Anthony Gleeson (Applicant) Ana Gleeson (Applicant) Northern Beaches Council (Respondent) Representation: A Sattler (Applicant) J Munn (Respondent) File Number(s): 2016/302237 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 Revision Title Author Date DA00 * C Site Analysis Plan Haviland Architects 3 April 2017 DA01 C Roof Plan 3 April 2017 DA02 C Basement Floor Plan 3 April 2017 DA03 C Roof plan 3 April 2017 DA04 C First Floor Residential 3 April 2017 DA05 C Second Floor Residential 3 April 2017 DA06 C South & East Elevations 3 April 2017 DA07 C North & West Elevations 3 April 2017 DA08 C Sections AA & BB 3 April 2017 SD01 C Winter Shadows 9am & 12pm 3 April 2017 SDO2 C Winter Shadow 3pm 3 April 2017 B Landscape Plan Podium Ground Floor Space Landscape Designs 30 March 2017 L-01 L-02 B Landscape Plan First Floor Residential 1. The appeal is upheld. 2. Development application No. N0267/16 for Demolition of all existing structures and the construction of a shoptop housing development, comprising 3 commercial units, 20 residential units and off-street parking at 2-8 Rickard Road, North Narrabeen, is approved in accordance with the conditions set out in Annexure A. ……………. Sue Morris Commissioner of the Court 302237.16 Annexure A (C) (491 KB, pdf) 302237.16 Plans (11.7 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: 01 May 2017