Land and Environment Court New South Wales Medium Neutral Citation: Aaron Hatch v Northern Beaches Council [2018] NSWLEC 1056 Hearing dates: Conciliation conference on 5 February 2018 Date of orders: 09 February 2018 Decision date: 09 February 2018 Jurisdiction: Class 1 Before: O'Neill 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: Aaron Hatch (Applicant 1) Sean Larcombe (Applicant 2) Northern Beaches Council (Respondent) Representation: Solicitor: Graham McKee, McKees Legal Solutions (Applicant) Christopher Gough, Storey & Gough Lawyers (Respondent) File Number(s): 2017/241244 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 amended plans set out in Condition 1 of Annexure A to this agreement. 2. The appeal is upheld. 3. Modification Application, under Section 96(8) of the Environmental Planning and Assessment Act 1979, to Development Application No. 370/2016 for demolition of existing structures, construction of two semi-detached dwelling houses including Torrents Title Subdivision, is approved subject to the conditions contained in Annexure "A" hereto. ………………………. Susan O'Neill Commissioner of the Court Annexure A (129 KB, pdf) 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: 14 February 2018