Buckwell v Woollahra Municipal Council
[2018] NSWLEC 1545
•12 October 2018
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
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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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979 are:
The applicant is granted leave to rely upon the amended plans referred to in condition A.6 of Annexure “A”.
Appeal is upheld.
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”.
Development application DA 553/2011 is modified in accordance with modification application 553/2011/3 and the conditions at Annexure “A”.
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M Chilcott
Commissioner of the Court
Annexure A (64.6 KB, pdf)
s34 plans (8.42 MB, pdf)
Decision last updated: 15 October 2018
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