Ascot Project Management Pty Ltd v Northern Beaches Council

Land and Environment Court New South Wales Medium Neutral Citation: Ascot Project Management Pty Ltd v Northern Beaches Council [2016] NSWLEC 1268 Hearing dates:Conciliation conference on 11, 24 May, 14, 20 June 2016Date of orders: 20 June 2016 Decision date: 20 June 2016 Jurisdiction:Class 1Before: Hussey AC Decision: See (4) below Catchwords: Development Application: Community Title Subdivision of 3 Lots, Waste water management, adequacy of essential services; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Ascot Project Management Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: Mr N. Eastman (Respondent) Solicitors: Mr Matt Sonter, Mills Oakley (Applicant) King & Wood Mallesons (Respondent) File Number(s):150755 of 2016Publication restriction:NoJudgment ACTING 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 34(3)(b)). The orders made to give effect to the agreement constitute...