Land and Environment Court New South Wales Medium Neutral Citation: Maggs v Northern Beaches Council [2018] NSWLEC 1072 Hearing dates: Conciliation conference on 6 December 2018, 12 December 2018, 19 January 2018, 5 February 2018 and 16 February 2018 Date of orders: 16 February 2018 Decision date: 16 February 2018 Jurisdiction: Class 1 Before: Dickson 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: David Maggs (First Applicant) Sammy See (Second Applicant) Northern Beaches Council (Respondent) Representation: Solicitor: Ms Alyce Jefferys, Swaab Attorneys (Applicant) Mr Stephen Patterson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2017/232461 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 rely upon the following amended material copies of which are behind Annexure 'A'. Drawing No. and Issue Drawing Title Prepared by Date of Plan A00, Rev E Cover Page Kaunitz Yeung Architecture 21 December 2017 A01, Rev F Site Plan Kaunitz Yeung Architecture 21 December 2017 A02, Rev F Demolition Plan Kaunitz Yeung Architecture 21 December 2017 A03, Rev F Site Plan – Proposed Childcare Centre (A1) Kaunitz Yeung Architecture 21 December 2017 A04, Rev F Site Plan – Proposed Residential Dwelling House (A1) Kaunitz Yeung Architecture 21 December 2017 A05, Rev F Childcare Centre Floor Plan Kaunitz Yeung Architecture 21 December 2017 A06, Rev E Childhood Compliance Plan Kaunitz Yeung Architecture 21 December 2017 A07, Rev E Childcare GFA Plan Kaunitz Yeung Architecture 21 December 2017 A08, Rev E Residential Ground Floor Plan Kaunitz Yeung Architecture 21 December 2017 A09, Rev F Residential First Floor Plan Kaunitz Yeung Architecture 21 December 2017 A10, Rev E Residential GFA Plan Kaunitz Yeung Architecture 21 December 2017 A11, Rev F Site Section A /Building Elevations Kaunitz Yeung Architecture 21 December 2017 A12, Rev F Site Section B /Building Elevations Kaunitz Yeung Architecture 21 December 2017 A13, Rev F Site Section C, D/ Building Elevations Kaunitz Yeung Architecture 21 December 2017 A14, Rev F Site Section E, F, G/ Building Elevations Kaunitz Yeung Architecture 21 December 2017 A15, Rev F Site Section R, S, T/ Building Elevations Kaunitz Yeung Architecture 21 December 2017 A16, Rev F Site Section U, V, W/ Building Elevations Kaunitz Yeung Architecture 21 December 2017 A700, Rev C Colours and Finishes Schedule – Childcare Kaunitz Yeung Architecture 21 December 2017 A701, Rev C Colours and Finishes Schedule – Residential Kaunitz Yeung Architecture 21 December 2017 DR-000, Rev 3 Legend Stellen Consulting 19 December 2017 DR-001, Rev 2 Site Layout Stellen Consulting 19 December 2017 DR-002, Rev 3 Stormwater & Septic System Layout Residential Dwelling Stellen Consulting 20 December 2017 DR-003, Rev 3 Stormwater & Septic Layout Childcare Centre Stellen Consulting 20 December 2017 DR-004, Rev 1 Roof Layout Residential & Childcare Centre Stellen Consulting 20 December 2017 DR-005, Rev 2 Pit and Swale Details Stellen Consulting 20 December 2017 DR-006, Rev 1 Wastewater Process Flow Diagram Residential and Childcare Centre Stellen Consulting 20 December 2017 DR-007, Rev 3 On Site Detention Basin Detail Stellen Consulting 20 December 2017 DR-008, Rev 2 On Site Detention to Gross Pollutant Trap Longsection and Drains Output Stellen Consulting 20 December 2017 Document No. P160203-RP-0001 Design Report Stellen Consulting 20 December 2017 LCP-01-B DA Site Plan Fiona Robbe 20 December 2017 LCP-02-B Childcare DA Landscape Plan Fiona Robbe 20 December 2017 LCP-03-B DA Precedent Images Fiona Robbe 20 December 2017 LCP-04-B Childcare DA Concept Plan Fiona Robbe 20 December 2017 LCP-05-B Carpark Landscape Plan Fiona Robbe 20 December 2017 LCP-06-B Residential Landscape Plan Fiona Robbe 20 December 2017 LCP-07-B Fencing Details Fiona Robbe 20 December 2017 1. The appeal is upheld. 2. Consent is granted to Development Application No. DA-17-0087 for the demolition of the existing dwelling house and associated out buildings, construction of a new dwelling house, construction of a childcare centre for 90 children and associated works including landscaping and tree removal on Lot 2069 DP 752038 and Lot 2 DP1205253 (known as 198 Forest Way, Belrose) is approved subject to the conditions in Annexure 'B'. ………………………. D M Dickson Commissioner of the Court Annexure A (3.36 MB, pdf) Annexure B (324 KB, pdf) Amendments 20 February 2018 - Date of Orders and Date of Decision amended 23 February 2018 - Annexure B word to PDF version 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: 23 February 2018