Nolene Deane v Northern Beaches Council [2017] NSWLEC 1326

Land and Environment Court New South Wales

Medium Neutral Citation: Nolene Deane v Northern Beaches Council [2017] NSWLEC 1326 Hearing dates: Conciliation conference on 23 June 2017 Date of orders: 26 June 2017 Decision date: 26 June 2017 Jurisdiction: Class 1 Before: Dickson C Decision: See [5] below Catchwords: DEVELOPMENT APPEAL: replacement of waterfront facilities – conciliation conference - agreement between the parties- orders Legislation Cited: Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Nolene Deane (Applicant) Northern Beaches Council (Respondent) Representation: Solicitors: Sattler & Associates (Applicant) King & Wood Mallesons (Respondent) File Number(s): 2017/00098042 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal against the refusal by Council of a development application N0503/16. The application sought approval for the replacement and alteration of waterfront facilities at 128 Waterview Street, Mona Vale. 2. 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". 3. 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. 4. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties. 5. The final orders to give effect to the parties' agreement are: 1. The appeal is upheld; 2. Development application N0503/16 for amendments to the existing waterfront facilities at 128 Waterview Street, Mona Vale (Lot 1 DP 545510), is approved subject to the conditions in Annexure A. ……………. D M Dickson Commissioner of the Court 98042.17 Dickson (C) (123 KB, pdf)