Buckwell v Woollahra Municipal Council

[2018] NSWLEC 1545

Land and Environment Court

New South Wales

Medium Neutral Citation:	Buckwell v Woollahra Municipal Council [2018] NSWLEC 1545
Hearing dates:	Conciliation conference on 12 October 2018
Date of orders:	12 October 2018
Decision date:	12 October 2018
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:	Justin Buckwell (Applicant) Woollahra Municipal Council (Respondent)
Representation:	Solicitors: A Knox, Pikes & Verekers Lawyers (Applicant) J Ede, Wilshire Webb Staunton Beattie Lawyers (Respondent)
File Number(s):	2018/121428
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 s 34(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 condition A.6 of Annexure “A”.

2. Appeal is upheld.

3. Modification Application 553/2011/3 for carport and driveway at 1/7 Salisbury Street, Watsons Bay is approved subject to the conditions at Annexure “A”.

4. Development application DA 553/2011 is modified in accordance with modification application 553/2011/3 and the conditions at Annexure “A”.

……………………….

M Chilcott

Commissioner of the Court

Annexure A (64.6 KB, pdf)

s34 plans (8.42 MB, pdf)