Vigor Master Pty Ltd v Warringah Council

Land and Environment Court New South Wales Medium Neutral Citation: Vigor Master Pty Ltd v Warringah Council [2015] NSWLEC 1418 Hearing dates:Conciliation conference on 18 March 2015Date of orders: 16 October 2015 Decision date: 29 September 2015 Jurisdiction:Class 1Before: Brown ASC Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: Subdivision Certificate; conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: Vigor Master Pty Ltd (Applicant) Warringah Council (Respondent) Representation: - (Applicant) Stephen Patterson (Respondent) Solicitors: - (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s):10015 of 2015Publication restriction:NoJudgment COMMISSIONER: This is an appeal against the refusal by Warringah Council to issue a Subdivision Certificate for the property at 8 - 11 Bantry Bay Road, Frenchs Forest. 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))....