Amanda Garlick v Waverley Council

[2017] NSWLEC 1301

Land and Environment Court

New South Wales

Medium Neutral Citation:	Amanda Garlick v Waverley Council [2017] NSWLEC 1301
Hearing dates:	Conciliation Conference on 3 May 2017
Date of orders:	13 June 2017
Decision date:	13 June 2017
Jurisdiction:	Class 1
Before:	Chilcott C
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:	Amanda Garlick (Applicant) Waverley Council (Respondent)
Representation:	Ms E Hewitt (Solicitor) (Applicant) Mr S Patterson (Solicitor) (Respondent)
File Number(s):	2016/390398
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. The Applicant is granted leave to rely on the amended plans at Annexure A.

2. The Applicant is to pay the Respondent’s costs thrown away pursuant to Section 97B of the Environmental Planning and Assessment Act 1979 as agreed or as assessed.

3. The Appeal is upheld.

4. Approval is granted to Modification Application DA-64/2016/A by the deletion of deferred commencement condition and subject to amended condition 1 as set out in the conditions of consent at Annexure B.

…………….

M Chilcott

Commissioner of the Court

390398.16 (Annexure A) (3.79 MB, pdf)

390398.16 - Annexure B (565 KB, pdf)