Christopher de Zylva v Ku-ring-gai Council

[2017] NSWLEC 1068

Land and Environment Court

New South Wales

Medium Neutral Citation:	Christopher de Zylva v Ku-ring-gai Council [2017] NSWLEC 1068
Hearing dates:	Conciliation conference on 7 and 10 February 2017
Date of orders:	16 February 2017
Decision date:	16 February 2017
Jurisdiction:	Class 1
Before:	Dixon 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:	Christopher de Zylva (Applicant) Ku-ring-gai Council (Respondent)
Representation:	C. de Zylva, Litigant in person (Applicant) Solicitors: L. Finn, Hones Lawyers (Respondent)
File Number(s):	2016/278632
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. The appeal be upheld.

2. The Section 96 modification (application 155 of 2015) to Building Permit 92/1009 is granted for the installation of the existing air conditioning unit, which attaches to the northern elevation of the residence at 131 Collins Road, St Ives, to the existing ground level, facing such that it discharges in an east / west direction.

3. The Court notes an agreement between the parties that:

1. Within 35 days from the date of the orders made in paragraphs 1 and 2, the Applicant will remove the existing air conditioning unit affixed to the northern wall of the family room constructed on 131 Collins Road, St Ives; and

2. Upon the Applicant removing the air conditioning unit as in paragraph (i) above, the Order dated 3 November 2014 has been satisfied.

4. Each party will bear its own costs of the proceedings.

…………….

S Dixon

Commissioner