Brent Paterson v Willoughby City Council

[2017] NSWLEC 1719

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Brent Paterson v Willoughby City Council [2017] NSWLEC 1719
Hearing dates:	Conciliation conference on 14 December 2017
Date of orders:	14 December 2017
Decision date:	14 December 2017
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:	Brent Paterson (Applicant) Willoughby City Council (Respondent)
Representation:	Counsel: Mr M Staunton (Applicant) Solicitors: Sattler & Associates (Applicant) Mr K Webber, Wilshere Webb Staunton Beattie (Respondent) Mr B Hones, Hones Lawyers (Intervenor; with consent of parties)
File Number(s):	2017/214602
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 plans referred to in annexure “A” condition 1.

2. The applicant’s clause 4.6 written request prepared by Boston Blyth Fleming Pty Ltd revised December 2017 for variation to the floor space ratio standard and height standard of Willoughby Local Environmental Plan 2012 is upheld.

3. The appeal is upheld.

4. The applicant is to pay the respondent’s costs thrown away pursuant to s97B of the Environmental Planning and Assessment Act 1979 in the sum of $1,200.

5. Development Application DA 2016/478 for alterations and additions to the existing three storey dwelling house including construction of a new swimming pool at 37 Coolawin Road, Northbridge is approved subject to the conditions at annexure “A”.

……………………….

Commissioner Chilcott

Annexure A (C)

Annexure B

Amendments

14 December 2017 - Correct representation on cover sheet.