The Owners of SP 91769 v Northern Beaches Council

Land and Environment Court New South Wales Medium Neutral Citation: The Owners of SP 91769 v Northern Beaches Council [2016] NSWLEC 1511 Hearing dates:Conciliation conference on 8 July, 29 July, 17 August, 8, 29 September 2016Date of orders: 20 October 2016 Decision date: 20 October 2016 Jurisdiction:Class 1Before: Tuor C Decision: See (5) below Catchwords: ORDER: construct landscaping in accordance with approved landscape plan; conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: The Owners of SP 91769 (Applicant) Northern Beaches Council (Respondent) Representation: Solicitors: Ms P Murray, DibbsBarker (Applicant) Mr S Patterson, Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s):2016/00153080Publication restriction:NoJudgment COMMISSIONER: This is an appeal against an Order issued by Northern Beaches Council to construct landscaping in accordance with the approved landscape plan at 56-58 Gordon Street Manly Vale. 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...