Dean Shrimpton v Woollahra Municipal Council

[2017] NSWLEC 1319

Land and Environment Court

New South Wales

Medium Neutral Citation:	Dean Shrimpton v Woollahra Municipal Council [2017] NSWLEC 1319
Hearing dates:	Conciliation conference on 1 June 2017
Date of orders:	21 June 2017
Decision date:	21 June 2017
Jurisdiction:	Class 1
Before:	Chilcott C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Cases Cited:	Nil
Texts Cited:	Nil
Category:	Principal judgment
Parties:	Dean Shrimpton (Applicant) Woollahra Council (Respondent)
Representation:	Counsel: Mr A Pickles SC (Applicant) Solicitor: Ms L Finn, Hones Lawyers (Applicant) Mr S Patterson, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2017/38027
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 is upheld.

2. The Applicant is granted leave to rely on the amended plans referred to in Condition 1 of the Conditions of Consent contained in “Annexure A”.

3. The Applicant’s Clause 4.6 variation request in respect of height is upheld.

4. The Applicant’s Clause 4.6 variation request in respect of lot size is upheld.

5. The Applicant is to pay the Respondent’s costs under S97B of the Environmental Planning & Assessment Act 1979 agreed in the sum of $1,000.00 within 28 days.

6. Consent is granted to Development Application DA563/2016 for the construction of a three-storey dual occupancy residence on Lot 3 DP10045, 40 Cranbrook Road, Belleview Hill, subject to the conditions at “Annexure A”.

……………………….

Commissioner Chilcott

38027.17 Chilcott (C) (672 KB, pdf)