Alex Hugo Tian v Willoughby City Council

[2017] NSWLEC 1749

Land and Environment Court

New South Wales

Medium Neutral Citation:	Alex Hugo Tian v Willoughby City Council [2017] NSWLEC 1749
Hearing dates:	Conciliation conference on 22 December 2017
Date of orders:	02 January 2018
Decision date:	02 January 2018
Jurisdiction:	Class 1
Before:	Martin SC
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Alex Hugo Tian(Applicant) Willoughby City Council(Respondent)
Representation:	Solicitors: Mr G Christmas, APEX Planning and Environment Law (Applicant) Mr J Merlino, HWL Ebsworth (Respondent)
File Number(s):	2017/173448
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 s34(3) of the Land and Environment Court Act 1979 are:

1. Leave is granted to the Applicant to rely on the following amended set of plans:

Drawing Number	Drawing Title	Revision	Prepared By	Dated
S34-02	Floor Plans	F	Cracknell & Lonergan Architects	31/10/17
S34-03	Roof Plan	F	Cracknell & Lonergan Architects	31/10/17
S34-04	Elevations (front and rear)	F	Cracknell & Lonergan Architects	31/10/17
S34-05	Elevations (western and eastern)	F	Cracknell & Lonergan Architects	31/10/17
S34-06	Section AA, BB	F	Cracknell & Lonergan Architects	31/10/17
S34-07	Materials/Finishes	F	Cracknell & Lonergan Architects	31/10/17
S34-09	Waste Management Plan	F	Cracknell & Lonergan Architects	31/10/17
16/1880	Landscape Plan	C	Paul Scrivener Landscape Architecture	02.11.17

2. Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent’s costs as agreed or as assessed.

3. The appeal is upheld.

4. Development consent is granted to DA-2016/435 to carry out alterations and additions and use the existing dwelling and outbuilding at 46 Boundary Street, Roseville as a 9 room boarding house subject to the conditions at Annexure “A”.

……………………….

Senior Commissioner Martin