Argenton v Mosman Municipal Council

[2018] NSWLEC 1359

Land and Environment Court

New South Wales

Medium Neutral Citation:	Argenton v Mosman Municipal Council [2018] NSWLEC 1359
Hearing dates:	Conciliation conference on 27 June 2018
Date of orders:	12 July 2018
Decision date:	12 July 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:	Maroussia Argenton (Applicant) Mosman Municipal Council (Respondent)
Representation:	Counsel: I Hemmings SC (Applicant) Solicitors: Richard Harvey & Associates (Applicant) R McCulloch, Pikes & Verekers Lawyers (Respondent)
File Number(s):	2017/364466
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 upon the amended development application.

2. The Appeal is upheld.

3. Development application no. 8.2016.212.1 for alterations and additions to a residential flat building comprising partial demolition, construction of a garage structure with car stacker for four cars, a new driveway, additions to the front and rear of the existing building, internal changes, lift shaft, new balconies, changes to openings and roof form, conversion of Rawson Street garage to living space, swimming pool, cabana, landscaping works and fencing with respect to land at Lot 28 DP 306691 and known as 49 Moruben Road, Mosman is approved subject to the conditions set out in Annexure ‘A’.

4. No order as to costs.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (111 KB, pdf)