H Y Koo & Associates v Northern Beaches Council [2018] NSWLEC 1480

Land and Environment Court New South Wales

Medium Neutral Citation: H Y Koo & Associates v Northern Beaches Council [2018] NSWLEC 1480 Hearing dates: Conciliation conference on 7 September 2018 Date of orders: 07 September 2018 Decision date: 07 September 2018 Jurisdiction: Class 1 Before: Chilcott C Decision: See [4] below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: H Y Koo & Associates (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: P Tomasetti (Applicant)

Solicitors: Ristevski & Associates (Applicant) E Roberts, Northern Beaches Council (Respondent) File Number(s): 2018/222061 Publication restriction: No

Judgment 1. COMMISSIONER: Pursuant to s 34(3) of the Land and Environment Court Act 1979 the parties having reached an agreement acceptable to them (being a decision that the Commissioner is satisfied that the Court could have made in the proper exercise of its functions) the Court disposes of the proceedings in accordance with the decision of the parties titled "AGREEMENT BETWEEN THE PARTIES LAND AND ENVIRONMENT COURT ACT 1979 S34(3)(a)" ("the decision") between H Y Koo & Associates as applicant and Northern Beaches Council as respondent and signed by the parties' legal representatives on 5 and 6 September 2018. 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 appeal is upheld; 2. Development consent DA2017/1127 that relates to the land at Lot 88 DP 752017 at 88 Eurabba Road, Duffys Forest is modified pursuant to the Environmental Planning and Assessment Act 1979 so as to: 1. Delete condition 12 (Bushland Covenant) therefrom; and 2. Insert condition 47 (Bushland Protection) as set out in annexure "A" to the decision therein. ………………………. Michael Chilcott Commissioner of the Court Annexure A (347 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: 10 September 2018