Bouchard v Waverley Council

[2016] NSWLEC 1529

Land and Environment Court

New South Wales

Medium Neutral Citation:	Bouchard v Waverley Council [2016] NSWLEC 1529
Hearing dates:	Conciliation conference on 27 October 2016
Date of orders:	09 November 2016
Decision date:	09 November 2016
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: alterations and additions to an existing dwelling; conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Bruce Bouchard (Applicant) Waverley Council (Respondent)
Representation:	Counsel: Mr G Hartley, solicitor (Applicant) Mr K Webber, solicitor (Respondent) Solicitors: Hartley Solicitors (Applicant) Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2016/00218945
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of Development Application No DA-234/2016 for alterations and additions to an existing dwelling at 6 Ashley Street Tamarama.

2. 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”.

3. 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.

4. 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.

5. 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 plans listed under Condition 1(a) below the heading ‘A. Approved Development’ in Annexure ‘A’.

2. The applicant is to pay the respondent’s costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the amount of $1,000.00.

3. Appeal upheld; and

4. Development application number DA-234/2016 for partial demolition of the existing dwelling and construction of a new dwelling house is approved subject to the conditions in Annexure ‘A’

…………….

G T Brown

Commissioner

218945.16 - Annexure A (179 KB, pdf)