Vigor Master Pty Ltd v Northern Beaches Council

Land and Environment Court New South Wales Medium Neutral Citation: Vigor Master Pty Ltd v Northern Beaches Council [2016] NSWLEC 1312 Hearing dates:Conciliation conference on 22 July 2016Date of orders: 22 July 2016 Decision date: 22 July 2016 Jurisdiction:Class 1Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLIOCATION: construction of a boarding house: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Vigor Master Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: Ms I. Wang, solicitor (Applicant) Mr S. Patterson, solicitor (Respondent) Solicitors: Vigor Master Pty Ltd (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s):2016/00159587Publication restriction:NoJudgment COMMISSIONER: This is an appeal against the refusal of DA2014/1180 for the construction of a boarding house at 76 Willandra Road Narraweena. 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))....