Land and Environment Court New South Wales Medium Neutral Citation: VIGOR MASTER PTY LTD v Northern Beaches Council [2017] NSWLEC 1294 Hearing dates: Conciliation conference on 7 & 8 June 2017 Date of orders: 08 June 2017 Decision date: 08 June 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: VIGOR MASTER PTY LIMITED (Applicant) NORTHERN BEACHES COUNCIL (Respondent) Representation: Solicitor: Ms I Wang (Applicant) Mr S Patterson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2017/47207 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 by substituting the following plans and documents as the plans and documents relied upon for the purposes of the development application: Architectural Plans Drawing No. Dated Prepared By A001 Issue C 7 June 2017 Vigor Master Pty Ltd A006 Issue C 7 June 2017 Vigor Master Pty Ltd A007 Issue C 7 June 2017 Vigor Master Pty Ltd A101 Issue C 7 June 2017 Vigor Master Pty Ltd A102 Issue C 7 June 2017 Vigor Master Pty Ltd A103 Issue C 7 June 2017 Vigor Master Pty Ltd A104 Issue C 7 June 2017 Vigor Master Pty Ltd A201 Issue C 7 June 2017 Vigor Master Pty Ltd A202 Issue C 7 June 2017 Vigor Master Pty Ltd A203 Issue C 7 June 2017 Vigor Master Pty Ltd A204 Issue C 7 June 2017 Vigor Master Pty Ltd A301 Issue C 7 June 2017 Vigor Master Pty Ltd Landscape Plans Drawing Number Dated Prepared By A005 Issue C 7 June 2017 Vigor Master Pty Limited Reports/Documentation Report/Document Dated Prepared By BASIX Certificate No.749042M 2 August 2016 Thermal Performance Bushfire Risk Assessment 14 July 2016 Sydney Bushfire Consultants Waste Management Plan 25 July 2016 Vigor Master Pty Limited 1. The Applicant is to pay the costs thrown away as a result of amending the development application pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the sum of $1,000 within 14 days. 2. The appeal is upheld. 3. Development Application Review No. REV 2016/0025 (DA 2016/0078) for the construction of a dwelling house including secondary dwelling pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009 at 7 Utyana Place, Frenchs Forest is determined by approving the plans referred to in condition 1 of Annexure "A" and subject to the conditions of development consent set out in Annexure "A". 4. The approved plans referred to in 2(d) above are annexed to this agreement in Annexure "B". ………………………. Commissioner Smithson 47207.17 Smithson - Annexure A (1.42 MB, pdf) 47207.17 Smithson - Annexure B (3.58 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: 09 June 2017