Aboud v Hunter's Hill Council

[2018] NSWLEC 1504

Land and Environment Court

New South Wales

Medium Neutral Citation:	Aboud v Hunter’s Hill Council [2018] NSWLEC 1504
Hearing dates:	Conciliation conference on 25 September 2018
Date of orders:	26 September 2018
Decision date:	26 September 2018
Jurisdiction:	Class 1
Before:	Smithson C
Decision:	See [4] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Hunters Hill Local Environmental Plan 2012 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Emileen Aboud (Applicant) Hunter’s Hill Council (Respondent)
Representation:	Solicitors: A Seton, Marsdens Law Group (Applicant) J Cole, HWL Ebsworth Lawyers (Respondent)
File Number(s):	2018/92729
Publication restriction:	No

Judgment

1. 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”.

2. 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 that document.

3. In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties.

4. The final orders to give effect to the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979 are:

1. Leave is granted to rely on the following documents that are the subject of Development Application No. 2017/1060:

Drawing Number	Drawn By	Plan Dated
Site & Analysis Plan Dwg. A 01 Rev. 05	Sergio Melo e Azevedo, Architect	Rev: 24/9/18
Lower Ground Floor Plan Dwg. A 02 Rev. 06	Sergio Melo e Azevedo, Architect	Rev: 24/9/18
Ground Floor Plan Dwg. A 03 Rev. 05	Sergio Melo e Azevedo, Architect	Rev: 24/9/18
First Floor Plan Dwg. A 04 Rev. 06	Sergio Melo e Azevedo, Architect	Rev: 24/9/18
Roof Plan Dwg. A 05 Rev. 06	Sergio Melo e Azevedo, Architect	Rev: 24/9/18
Sections 1 & 2 Dwg. A 08 Rev. 06	Sergio Melo e Azevedo, Architect	Rev: 24/9/18
West & South Elevation Dwg. A 09 Rev.06	Sergio Melo e Azevedo, Architect	Rev: 24/9/18
East & North Elevations Dwg. A 10 Rev. 06	Sergio Melo e Azevedo, Architect	Rev: 24/9/18

2. The Applicant’s written request under clause 4.6 of Hunters Hill Local Environmental Plan 2012 for contravention of the maximum height development standard imposed by clause 4.3 of Hunters Hill Local Environmental Plan 2012, is upheld;

3. The Applicant’s written request under clause 4.6 of Hunters Hill Local Environmental Plan 2012 for contravention of the landscaped area development standard imposed by clause 6.9 of Hunters Hill Local Environmental Plan 2012, is upheld;

4. The appeal is upheld;

5. Development consent is granted to Development Application No. 2017/1060 for alterations and additions to an existing dwelling house on the land at 18 Lyndhurst Crescent, Hunters Hill, subject to the conditions of consent annexed hereto and marked “A”.

……………………….

Jenny Smithson

Commissioner of the Court

Annexure A (96.8 KB, pdf)   s34 plans combined (2.59 MB, pdf)