Baker v Mosman Municipal Council

[2016] NSWLEC 1466

Land and Environment Court

New South Wales

Medium Neutral Citation:	Baker v Mosman Municipal Council [2016] NSWLEC 1466
Hearing dates:	Conciliation conference on 7 October 2016
Date of orders:	07 October 2016
Decision date:	07 October 2016
Jurisdiction:	Class 1
Before:	Tuor 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:	Greg Baker (Applicant) Mosman Municipal Council (Respondent)
Representation:	Solicitors: Mr D Tyrrell, McKees Legal Solutions (Applicant) Ms J Walsh, Pikes & Verekers Lawyers (Respondent)
File Number(s):	2016/196977
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, 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:

Upon satisfaction by the applicant of condition 86 of development consent 8.2010.70.1 (as modified on 29 September 2016), the respondent will:

1. Revoke Order 2 issued by the respondent to Mr G Baker and Ms J Baker on 1 June 2016 (being the Order the subject of this appeal)

2. Subject to a satisfactory inspection, issue a Building Certificate in respect of the application for Building Certificate lodged by Ms J Baker with the respondent on 26 July 2016.

………………………

Commissioner Tuor