Ahadizad F and R v Woollahra M C

[2004] NSWLEC 152

Land and Environment Court

of New South Wales

CITATION:	Ahadizad F & R v Woollahra M C [2004] NSWLEC 152
PARTIES:	APPLICANT Ahadizad F & R RESPONDENT Woollahra Municipal Council
FILE NUMBER(S):	10044 of 2004
CORAM:	Hoffman C
KEY ISSUES:	Development Application :- carport within front setback site in prominent location visibility from street
LEGISLATION CITED:
CASES CITED:
DATES OF HEARING:	8 / 4 / 2004
DATE OF JUDGMENT:	04/08/2004
LEGAL REPRESENTATIVES:	APPLICANT Mr L Quintana (Solicitor) Harris Hyde Page Lawyers RESPONDENT Mr M Connell (Solicitor) Michell Sillar Attorneys

JUDGMENT:

IN THE LAND AND S.34 Conference
ENVIRONMENT COURT
OF NEW SOUTH WALES

Appeal No: 10044 of 2004

Applicant: Ahadizad F & R

Respondent: Woollahra M C

1. Date Held: 8/4/04 Time: 10 am Map Ref:

Location: On-site

2. Representatives of parties attending:
Applicant: Mr L Quintana (Solicitor)
Mr A Smith (Town Planner)

Respondent: Mr M Connell (Solicitor)
Mr D Waghorn (Town Planner)

Other: Mr & Mrs F & R Ahadizad (Applicants)

3. Address/title of property:

67 Vaucluse Road, Vaucluse

4. Proposal:

Double carport within street front setback and new front pedestrian gate.

5. Owners:

Mr & Mrs F & R Ahadizad

6. (a) Environmental Planning Instrument(s):

(b) Zoning: Residential

Environmental Planning and Assessment Act 1979
Woollahra Local Environment Plan 1995
Residential Development Control Plan 1999

Proposal is: Permissible with consent

Appeal No:

7. Result of conference where agreement is reached [s 34(3)(a)]:
Order:

N / A

[OR]

8. Commissioner’s report where no agreement is reached [s 34(3)(b)(i)]:

Commissioner's views as to issues in dispute:

[OR] N / A

9. Where no agreement reached, but parties consent to Commissioner disposing of proceedings [s 34(3)(b)(ii)]:

The Orders of the Court are:

1. The appeal is dismissed.
2. The exhibits are returned to the parties except exhibits 3, 4 and D.

We, the undersigned, being the parties/representatives of the parties, hereby consent to:

[Delete paragraph (a)
if not applicable] (a) The Commissioner disposing of the proceedings without a further hearing, no agreement having been reached.

(b) Evidence of anything said or admission made in the course of this conference being admissible for the purpose of the Commissioner hearing and disposing of the proceedings.

Mr Connell_(for Woollahra Municipal Council)
Party/Party's representative

Mr Quintana (for the Applicant’s)
Party/Party's representative

_______________________
K G Hoffman
Commissioner of the Court

Original of this document signed by the
parties is held on the Court’s file

SECTION 34

Preliminary conferences

34. (1) Where proceedings are pending in Class 1 or 2 of the Court's jurisdiction, the registrar shall, unless otherwise directed by the Chief Judge, arrange a conference between the parties to the proceedings or their representatives, to be presided over by a single Commissioner.

(1A) Where proceedings are pending in Class 3 of the Court's jurisdiction in respect of a claim for compensation by reason of the compulsory acquisition of land (referred to in Division 2 of Part 3), the registrar is required to arrange (at the request of all the parties to the proceedings) a conference between the parties to the proceedings or their representatives, to be presided over by a single Commissioner. The conference is to be arranged within 28 days after the proceedings are commenced or within such further time as the Chief Judge directs.

(2) The registrar shall notify the parties or their representatives of the time and place fixed by the registrar for the conference.

(3) Where -

(a) at or after a conference, agreement is reached between the parties or their representatives as to the terms of a decision in the proceedings that would be acceptable to the parties (being a decision that the Court could have made in the proper exercise of its functions) - the Commissioner shall dispose of the proceedings in accordance with the decision; or

(b) no such agreement is reached -

(i) unless the parties consent under subparagraph (ii) - the Commissioner shall make a written report to the Court setting out that fact and also setting out the Commissioner's views as to the issues in dispute between the parties to the proceedings; or

(ii) if the parties consent - the Commissioner may dispose of the proceedings, whether with or without further hearing.

(4) Subject to this Act and the rules, the Commissioner disposing of, or hearing and disposing of, proceedings pursuant to subsection (3)(a) or (3)(b)(ii) shall have and may exercise the functions of the Court.

(5) The decision of the Commissioner under subsection (3)(a) or (3)(b)(ii) shall be deemed to be decision of the Court.

(6) Where a report is made to the Court under subsection (3)(b)(i), the registrar shall, as soon as practicable, furnish a copy of the report to each of the parties.

(7) Evidence of anything said or admission made in the course of a conference shall not, unless the parties consent, be admissible at the hearing of the proceedings.

(8) The Commissioner who has presided over a conference under this section in relation to any proceedings is disqualified from further participation in those proceedings, unless the parties otherwise agree.

(9) The registrar may, unless otherwise directed by the Chief Judge, preside over a conference under this section, and for that purpose a reference in this section to the Commissioner includes a reference to the registrar.