ABAX Contracting Pty Ltd v Pittwater Council

Land and Environment Court New South Wales Case Name:  ABAX Contracting Pty Ltd v Pittwater Council Medium Neutral Citation:  [2015] NSWLEC 1205 Hearing Date(s):  Conciliation conference on 2 June 2015 Date of Orders: 2 June 2015 Decision Date:  2 June 2015 Jurisdiction:  Class 1 Before:  Brown C Decision:  See (5) below Catchwords:  SUBDIVISION: 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:  ABAX Contracting Pty Ltd (Applicant) Pittwater Council (Respondent) Representation:  Counsel: Mr Andrew Gough, solicitor (Applicant) Mr T. Naylor, solicitor (Respondent) Solicitors: Storey & Gough (Applicant) King & Wood Mallesons (Respondent) File Number(s):  10466 of 2015 Publication Restriction:  No JUDGMENTCOMMISSIONER: This is an appeal against the refusal at Development Application No: 0209/14 for the subdivision of land at 2 Fern Creek Road, Warriewood.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”.The Court Act also required me to “set out...