Bettar v Woollahra Council

[2016] NSWLEC 1535

Land and Environment Court

New South Wales

Medium Neutral Citation:	Bettar v Woollahra Council [2016] NSWLEC 1535
Hearing dates:	Conciliation conference on 14 November 2016
Date of orders:	14 November 2016
Decision date:	14 November 2016
Jurisdiction:	Class 1
Before:	Morris 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:	Paul Bettar (Applicant) Woollahra Council (Respondent)
Representation:	Counsel: Mr T To (Applicant)   Solicitors: Mr T Flaherty Mills Oakley (Applicant) Ms J Hewitt HWL Ebsworth Lawyers (Respondent)
File Number(s):	231436/2016
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:

1. The Applicant is granted leave to rely upon the amended architectural plans, elevation and sections referred to in condition A.2(a) in the modifications to the conditions of consent set out in Annexure “A.”

2. The appeal is upheld.

3. Modification Application No. 584/2014/2 to modify Development Consent No. 584/2014/1 for the purposes of demolition of an existing dwelling and construction of two x three storey attached dwellings each with a swimming pool in the rear yard, landscaping, site works and Torrens Title subdivision into two lots at 39 Carlotta Road, Double Bay is determined by approving the modifications set out in Annexure “A.”

4. As a consequence of order 3, Development Consent No. 584/2014/1 is now subject to the consolidated, modified conditions of development consent set out in Annexure “B”.

…………….

Sue Morris

Commissioner

231436.2016 Annexure A (89.1 KB, pdf)

231436.2016 Annexure B (743 KB, pdf)

231436.16 Morris - Plans (5.26 MB, pdf)