Vigor Master Pty Ltd v Northern Beaches Council [2017] NSWLEC 1729

Land and Environment Court New South Wales

Medium Neutral Citation: Vigor Master Pty Ltd v Northern Beaches Council [2017] NSWLEC 1729 Hearing dates: Conciliation conference on 3, 9, 10, 23 November & 4, 7, 12 December 2017 Date of orders: 18 December 2017 Decision date: 18 December 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: Vigor Master Pty Ltd (Applicant) Northern Beaches Council(Respondent) Representation: Solicitors: Ms I Wang, Litigant in Person (Applicant) Mr S Patterson, Wilshere Webb Staunton Beattie (Respondent) File Number(s): 2017/194315 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 modification application, the subject of these proceedings, by substituting the following plans and documentation as the plans and documentation relied upon for the purpose of the modification application: Drawing No. Dated Prepared By S001 Site Plan Revision 2 6.11.2017 Vigor Master Pty Ltd S101 Building B1 Floor Plans 16.10.2017 Vigor Master Pty Ltd S102 Building A2 Floor Plans 16.10.2017 Vigor Master Pty Ltd S103 Building C1 Floor Plans 16.10.2017 Vigor Master Pty Ltd S104 Building C2 Floor Plans 16.10.2017 Vigor Master Pty Ltd S105 Floor Plans Reception & Community Centre Revision 2 17.11.2017 Vigor Master Pty Ltd S204 Reception Elevations 17.11.2017 Vigor Master Pty Ltd S205 Community Centre Elevations (North - South) 17.11.2017 Vigor Master Pty Ltd S205 Community Centre Elevations (East – West) 17.11.0217 Vigor Master Pty Ltd S401 External Finishes and Colours Schedule 17.11.2017 Vigor Master Pty Ltd