Di Giovanni v Hunters Hill Council

[2017] NSWLEC 1587

Land and Environment Court

New South Wales

Medium Neutral Citation:	Di Giovanni v Hunters Hill Council [2017] NSWLEC 1587
Hearing dates:	Conciliation conference on 17 October 2017
Date of orders:	18 October 2017
Decision date:	18 October 2017
Jurisdiction:	Class 1
Before:	O’Neill 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:	Andrew and Coral Di Giovanni (Applicant) Hunters Hill Council (Respondent)
Representation:	Counsel: Mr N. Eastman barrister (Applicant) Mr M. Staunton barrister (Respondent)   Solicitors: Mills Oakley Lawyers (Applicant) HWL Ebsworth Lawyers (Respondent)
File Number(s):	2017/161059

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 under s34(3) of the Land and Environment Court Act 1979 are:

1. The Applicant is granted leave to rely on the amended plans and documents as referred to in condition 2 of the conditions of consent contained in Annexure A and included at Annexure B.

2. The written request to vary the floor space ratio standard set out in “Clause 4.6 Variation – Floor Space Ratio” prepared by Urbanesque Planning dated 29 September pursuant to clause 4.6 of Hunters Hill Local Environmental Plan 2012 is upheld.

3. The written request to vary the landscaped area standard set in “Clause 4.6 Variation – Landscaped Area” prepared by Urbanesque Planning dated 10 October 2017 pursuant to clause 4.6 of Hunters Hill Local Environmental Plan 2012 is upheld.

4. The appeal is upheld.

5. Development Application No. 20161187 for alterations and additions to the existing dwelling including demolition at 14A Alfred Street, Woolwich NSW 2210 is approved subject to the conditions at Annexure A.

…………….

Commissioner O’Neill

Annexure A (243 KB, pdf)

Plans (3.21 MB, pdf)