Dalvand v Woollahra Municipal Council

[2016] NSWLEC 1221

Land and Environment Court

New South Wales

Medium Neutral Citation:	Dalvand -v- Woollahra Municipal Council [2016] NSWLEC 1221
Hearing dates:	Conciliation conference on 26 May 2016
Date of orders:	03 June 2016
Decision date:	03 June 2016
Jurisdiction:	Class 1
Before:	Morris 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:	Ellie Dalvand (Applicant) Woollahra Municipal Council (Respondent)
Representation:	Counsel: Mr R O'Gorman Hughes (Applicant) Solicitors: Mr V Conomos, Conomos Legal (Applicant) Mr P Rigg (Respondent)
File Number(s):	2016/151561
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 are:

1. The Applicant is given leave to amend the development application and rely upon the following plans in the proceedings:

1. Drawing 02 Revision B dated May 2016

2. Drawing 03 Revision B dated May 2016

3. Drawing 04 Revision B dated May 2016

4. Drawing 05 Revision B dated May 2016

5. Drawing 11 Revision A dated January 2016

2. For the purpose of s97B of the Environmental Planning and Assessment Act 1979, the parties agree the amendments are minor.

3. The appeal is upheld.

4. Development application DA12/2016/1 lodged 20 January 2016 seeking approval for the demolition of the existing structure and construction of a three storey dwelling house is approved subject to the conditions in Annexure A.

…………….

Commissioner Morris

151561.16 Morris (C) (584 KB, pdf)

151561.16 Morris_02B (699 KB, pdf)

151561.16 Morris_03B (496 KB, pdf)

151561.16 Morris_04B (2.22 MB, pdf)

151561.16 Morris_05B (1.23 MB, pdf)

151561.16 Morris_11 Basix_Dwg 11_Issue A_Jan 2016 (1.13 MB, pdf)