Cora Lei v Wollongong City Council

[2017] NSWLEC 1572

Land and Environment Court

New South Wales

Medium Neutral Citation:	Cora Lei v Wollongong City Council [2017] NSWLEC 1572
Hearing dates:	Conciliation conference on 12 and 22 September 2017, and 5 October 2017
Date of orders:	11 October 2017
Decision date:	11 October 2017
Jurisdiction:	Class 1
Before:	Bish 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:	Cora Lei (Applicant) Wollongong City Council (Respondent)
Representation:	Solicitors: Mr M Mantei, Planning Law Solutions (Applicant) Mr J Reilly, Wollongong City Council (Respondent)
File Number(s):	2017/141572
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The appeal is upheld;

2. DA-2016/1216 for the demolition of outbuildings, construction of a new dwelling to create a dual occupancy, construction of a secondary dwelling to an existing principal dwelling, and torrens title subdivision into two lots at Lot 1 DP 114473 otherwise known as 14 William Street Keiraville is determined by the grant of consent, subject to the conditions at Annexure A; and

3. The Applicant is to pay the Council’s costs thrown away in the amount of $1,000 within 28 days of the date of this decision.

4. Pursuant to Section 34(3)(a) the parties request that the Commissioner dispose of these proceedings in accordance with the terms of the decision set out at paragraph 2.

……………………….

Sarah Bish

Commissioner of the Land and Environment Court

Annexure A (C) (324 KB, pdf)