CommPlan Pty Limited v Waverley Council

[2015] NSWLEC 1208

Land and Environment Court

New South Wales

Medium Neutral Citation:	CommPlan Pty Limited v Waverley Council [2015] NSWLEC 1208
Hearing dates:	Conciliation conference on 7 and 8 May 2015
Date of orders:	01 June 2015
Decision date:	01 June 2015
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: alterations and additions to an existing unit; conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	CommPlan Pty Ltd (Applicant) Waverley Council (Respondent)
Representation:	Counsel: Mr C. Ireland, barrister (Applicant) Mr Stephen Patterson, solicitor (Respondent) Solicitors: Stevens Cottee Lawyers (Applicant) Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	11087 of 2014
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal by Waverley Council of Development Application No DA-126/2014 for alterations and additions to the existing unit 1/21 Gaerloch Avenue, Tamarama.

2. 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”.

3. 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.

4. 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.

5. The final orders to give effect to the parties’ agreement were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

…………….

Commissioner Brown

11087 of 2014 Brown (O) (93.8 KB, pdf)