Briglia v Georges River Council

[2017] NSWLEC 1456

Land and Environment Court

New South Wales

Medium Neutral Citation:	Briglia and Anor v Georges River Council [2017] NSWLEC 1456
Hearing dates:	Conciliation conference on 28 July 2017
Date of orders:	22 August 2017
Decision date:	22 August 2017
Jurisdiction:	Class 1
Before:	O’Neill 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:	Mario Briglia, Enio Briglia, Maria Antonella Cerra (Applicant) Georges River Council (Respondent)
Representation:	Counsel: Mr T. To barrister (Applicant) Ms A. Berry solicitor (Respondent)   Solicitors: Mills Oakley Lawyers (Applicant) Georges River Council (Respondent)
File Number(s):	2017/77304

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 were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

1. The applicant is granted leave to rely on the amended plans and documents as referred to in the conditions of consent at Annexure A and included at Annexure B.

2. The applicant is to pay the respondent’s costs thrown away pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the agreed amount of $8,000.00.

3. The appeal is upheld.

4. Development Application No 26/2016 for the demolition of the existing dwellings and construction of multi-dwelling housing over basement car parking at 35-39 Ocean Street, Kogarah, NSW 2206 is approved, subject to the conditions of consent at Annexure A.

…………….

Commissioner O’Neill

77304.15 O'Neill (C) (273 KB, pdf)

77304.15 O'Neill - Annexure B (9.36 MB, pdf)