Antony and Wendy Tisch v North Sydney Council

[2018] NSWLEC 1044

Land and Environment Court

New South Wales

Medium Neutral Citation:	Antony & Wendy Tisch v North Sydney Council [2018] NSWLEC 1044
Hearing dates:	Conciliation conference on 22 January and 6 February 2018
Date of orders:	07 February 2018
Decision date:	07 February 2018
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:	Antony Tisch (Applicant) North Sydney Council (Respondent)
Representation:	Solicitor: Ken Webber (Applicant) Keli Law (Respondent) Wilshire Webb Staunton Beattie (Applicant) Matthews Folbigg Lawyers (Respondent)
File Number(s):	2017/288351
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 be granted leave to rely on the following amended plans:

1. Drawing numbered 15J dated January 2018, drawn by David Liddy & Associates Pty Ltd and received by the Respondent on 29 January 2018

2. Drawing numbered 20 dated January 2018, drawn by Australian Plantscapes and received by the Respondent on 29 January 2018

2. The Appeal is upheld.

3. Development Application No 252/09/8 for significant alterations and additions to the existing dwelling and associated landscape works including a new gazebo, swimming pool, extension of boat shed at 8 Wonga Road, Cremorne comprising of the following works is approved subject to the conditions set out in Annexure “A” to this agreement:

• Major works to the existing dwelling including demolition and significant alterations and additions over five levels;

• Construction of a new outdoor pool

• Construction of new gazebos

• Demolition and reconstruction of water’s edge boatshed,

• Landscaping works

• New inclinator adjacent to western boundary

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (37.1 KB, pdf)