Vigor Master Pty Ltd v Northern Beaches Council [2018] NSWLEC 1409

Land and Environment Court New South Wales

Medium Neutral Citation: Vigor Master Pty Ltd v Northern Beaches Council [2018] NSWLEC 1409 Hearing dates: Conciliation conference on 27 July 2018; 3 August 2018 Date of orders: 06 August 2018 Decision date: 06 August 2018 Jurisdiction: Class 1 Before: Froh R 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: I Wang, Vigor Master Pty Ltd (Applicant) K Webber, Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2018/72917 Publication restriction: No

Judgment 1. REGISTRAR: 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 officer, 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 s 34(3) of the Land and Environment Court Act 1979 are: 1. The Applicant is given leave to amend the modification application MOD 2017/0162 by substituting the following plans and documents as the plans and documents relied upon for the purposes of the development application: Plans Parking Floor Plan M-200 Issue E dated 30/7/2018 Ground Floor Plan M-201 Issue E dated 30/7/2018 First Floor Plan M-202 Issue E dated 30/7/2018 South and North Elevations Plan M-301 Issue E dated 30/7/2018 East and West Elevations Plan M-302 Issue E dated 30/7/2018 All prepared by Vigor Master Documents Plan of Management – Boarding House Lot 2506 Bundaleer Street, Belrose dated 30 July 2018 prepared by Vigor Master Pty Ltd