Ascot Project Management Pty Ltd v Northern Beaches Council

Land and Environment Court New South Wales Case Name:  Ascot Project Management Pty Ltd v Northern Beaches Council Medium Neutral Citation:  [2016] NSWLEC 1368 Hearing Date(s):  Conciliation conference on 24 May, 14, 20 June, 11 July, 3 August 2016 Date of Orders: 3 August 2016 Decision Date:  3 August 2016 Jurisdiction:  Class 1 Before:  Hussey AC Decision:  See (4) below Catchwords:  Development Application: Residential flat building, water balance/ quality, access, built form, essential services, provision, landscaping;  conciliation conference; agreement between the parties; orders Legislation Cited:  Land and Environment Court Act 1979 Category:  Principal judgment Parties:  Ascot Project Management Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation:  Counsel: Mr N. Eastman (Respondent) Solicitors: Mr M. Sonter, Mills Oakley (Applicant) King & Wood Mallesons (Respondent) File Number(s):  2016/00150728 Publication Restriction:  No JUDGMENTACTING 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”.The Court Act also required me to “set out in writing the terms of the decision” (s...