Brian Page v Northern Beaches Council [2017] NSWLEC 1225

Land and Environment Court New South Wales

Medium Neutral Citation: Brian Page v Northern Beaches Council [2017] NSWLEC 1225 Hearing dates: Conciliation conference on 20 April 2017 Date of orders: 03 May 2017 Decision date: 03 May 2017 Jurisdiction: Class 1 Before: Gray C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: appeal against deferred commencement conditions; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Brian Page (First Applicant) Ashley Munro (Second Applicant) Victoria Munro (Third Applicant) Northern Beaches Council (Respondent) Representation: First Applicant (self-represented and agent for second and third applicants)

Storey & Gough (Respondent) File Number(s): 2017/5783 Publication restriction: No

Judgment 1. COMMISSIONER: In this matter, at or after a conciliation conference held pursuant to s 34AA of the Land and Environment Court Act 1979 (the Court Act), an agreement under s 34(3) of 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 appeal is upheld. 2. Development consent is granted to application No. DA2016/0479 for the construction of a secondary dwelling and a garage upon land at 160 Allambie Road, Allambie Heights subject to the conditions set out in Annexure 'A' hereto. ………………………. Commissioner Gray 5783.17 Gray (C) (184 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: 03 May 2017