Burton v Hunters Hill Council

[2018] NSWLEC 1163

Land and Environment Court

New South Wales

Medium Neutral Citation:	Burton v Hunters Hill Council [2018] NSWLEC 1163
Hearing dates:	Conciliation conference on 27 March 2018
Date of orders:	27 March 2018
Decision date:	27 March 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:	Jason Burton (Applicant) Hunters Hill Council (Respondent)
Representation:	Solicitor: Jason Burton, Litigant in person (Applicant) John Cole, HWL Ebsworth Lawyers (Respondent)
File Number(s):	2017/361823
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. Leave is granted to rely on the amended plans at Annexure A and as referred to in condition 2 of Annexure B.

2. The appeal is upheld;

3. Development Application No. 2017/1036 for the construction of a single storey shed at the rear of 33 Batemans Road, Gladesville, is approved subject to the conditions within Annexure B.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (1.05 MB, pdf)

Annexure B (182 KB, pdf)