Caristo v Georges River Council

[2016] NSWLEC 1292

Land and Environment Court

New South Wales

Medium Neutral Citation:	Caristo v Georges River Council [2016] NSWLEC 1292
Hearing dates:	Conciliation conference on 14 July 2016
Date of orders:	15 July 2016
Decision date:	15 July 2016
Jurisdiction:	Class 1
Before:	Fakes C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION; Residential development; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Vincent Caristo (Applicant) Georges River Council (Respondent)
Representation:	Applicant: Mr V Conomos (Solicitor) Respondent: Ms J Ware (Solicitor)   Solicitors: Applicant: Conomos Legal Respondent: Georges River Council
File Number(s):	155845 of 2016
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, 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 appeal is upheld.

2. Development Consent is granted to DA2015/0404 for the proposed demolition of existing structures and construction of a new two storey dwelling with in-ground swimming pool and cabana to the rear at 102 Gungah Bay Road, Oatley subject to the conditions of consent as set out in Annexure ‘A’.

3. A copy of the plans referred to in Condition 1 of Annexure ‘A’ are exhibited at Annexure ‘B’.

_______________________

Judy Fakes

Commissioner of the Court

155845.16 Annexure A Conditions (105 KB, pdf) 

155845.16 Annexure B Plans (3.49 MB, pdf)