Domenic a Mariani v Hornsby Shire Council

[2017] NSWLEC 1368

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Domenic A Mariani v Hornsby Shire Council [2017] NSWLEC 1368
Hearing dates:	Conciliation conference on 5 July 2017
Date of orders:	14 July 2017
Decision date:	14 July 2017
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: construction of a dwelling house with swimming pool and landscaping works; conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Domenic A Mariani (Applicant) Hornsby Shire Council (Respondent)
Representation:	Solicitor: Mr V Conomos, Conomos Legal (Applicant) Mr A Seton, Marsdens Law Group (Respondent)
File Number(s):	2017/67647
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of Development Application No. DA/873/2016 for the construction of a dwelling house with swimming pool and landscaping works at 210A and 212 Quarter Sessions Road, Westleigh.

2. 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”.

3. 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.

4. 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.

5. 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 given leave to amend the development application by substituting the following plans as the plans relied upon for the purpose of the development application:

Plan No.	Description	Prepared by	Revision	Dated:
C0359-DA1	Site Plan	Intercapital Consultants	E	6 July 2017
C0359-DA2	Ground Floor Plan	Intercapital Consultants	E	6 July 2017
C0359-DA3	First Floor Plan	Intercapital Consultants	D	6 July 2017
C0359-DA4	Lower Ground & Basement	Intercapital Consultants	D	6 July 2017
C0359-DA5	Roof Plan	Intercapital Consultants	E	6 July 2017
C0359-DA6	Elevations North & South	Intercapital Consultants	E	6 July 2017
C0359-DA7	Elevations Front & Rear	Intercapital Consultants	E	6 July 2017
C0359-DA8	Sections	Intercapital Consultants	E	6 July 2017
C0359-DA13	Colour Schedule	Intercapital Consultants	D	6 July 2017
INT05-DD-100	Landscape Package	SYM Studio	E	7 July 2017
INT05-DD-101	Landscape Plan	SYM Studio	E	7 July 2017

2. The appeal is upheld.

3. Development consent is granted to Development Application No. DA/873/2016 for the construction of a dwelling house with swimming pool and landscaping works on the land at 210A and 212 Quarter Sessions Road, Westleigh subject to the conditions of consent annexed hereto and marked “A”.

……………………….

Commissioner G Brown

67647.17 Brown (C) (312 KB, pdf)

Amendments

19 July 2017 - Conditions updated