Cynthia Ann Johnson and Wayne Taylor v North Sydney Council

[2017] NSWLEC 1529

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Cynthia Ann Johnson and Wayne Taylor v North Sydney Council [2017] NSWLEC 1529
Hearing dates:	Conciliation conference on 30 August 2017
Date of orders:	18 September 2017
Decision date:	18 September 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:	Cynthia Ann Johnson (Applicant 1) Wayne Grenvil Taylor (Applicant 2) North Sydney Council (Respondent)
Representation:	Solicitor: Mr J Schmidt-Liermann, Schmidt-Liermann Pty Ltd (Applicants) Mr S Kondilios, North Sydney Council (Respondent)
File Number(s):	2017/134519
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 Applicant is granted leave to file the sketch Plans 1 and 2 and photographs attached thereto at pages 5 to 8 (inclusive) of the sealed s34 Agreement.

2. That the Appeal is upheld in part.

3. The order issued by the respondent dated 6 April 2017 for the land identified as Unit 2, 17 Hayes Street, Neutral Bay being further described as Lot 2 in SP13002, the subject of the proceedings is modified in accordance with the Modified Order marked Annexure ‘A’ dated 18 September 2017.

4. No order as to costs.

……………………….

Commissioner Bish

Annexure A (264 KB, pdf)

Section 34 Agreement (sealed) filed on 18 September 2017 (1.58 MB, pdf)

Amendments

26 September 2017 - Clerical error - Order 1 (paragraph 4) amended to reflect s 34 agreement.