ALH Group Pty Ltd v Northern Beaches Council [2018] NSWLEC 1177

Land and Environment Court New South Wales

Medium Neutral Citation: ALH Group Pty Ltd v Northern Beaches Council [2018] NSWLEC 1177 Hearing dates: Conciliation conference on 12 April 2018 Date of orders: 12 April 2018 Decision date: 12 April 2018 Jurisdiction: Class 1 Before: Gray C Decision: See [5] below Catchwords: DEVELOPMENT APPLICATION - conciliation conference - alterations and additions to the existing pub, construction of hotel or motel accommodation and retail liquor store - agreement between the parties -orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: ALH Group Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: Mr Chris McEwen SC, Ms A Hemmings (Applicant) Mr Patrick W Larkin SC (Respondent)

Solicitor: Corrs Chambers Westgarth (Applicant) Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2017/169771 Publication restriction: No

Judgment 1. COMMISSIONER: This appeal concerns the refusal by the Sydney North Joint Regional Planning Panel of development application DA2015/0901 for demolition works, alterations and additions to Licensed premises (pub), construction of hotel accommodation and retail premises at Lot X DP 405206, 39 Frenchs Forest Road East Frenchs Forest. 2. In this matter, at 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 make, 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 under s34(3) of the Land and Environment Court Act 1979 are: 1. The appeal is upheld. 2. Development application no. 2015/0901 (as amended) for demolition works, alterations and additions to the existing pub, construction of hotel or motel accommodation and retail liquor store at Lot X DP 405206, 39 Frenchs Forest Road East, Frenchs Forest is approved, subject to the conditions set out in Annexure "A". 3. No order as to costs. ………………………. Commissioner Gray Annexure A (350 KB, 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: 12 April 2018