Finlayson v Waverley Council

[2017] NSWLEC 1009

Land and Environment Court

New South Wales

Medium Neutral Citation:	Finlayson v Waverley Council [2017] NSWLEC 1009
Hearing dates:	Conciliation conference on 12 January 2017
Date of orders:	13 January 2017
Decision date:	13 January 2017
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:	Ross Finlayson (Applicant) Waverley Council (Respondent)
Representation:	Mr R Finlayson (Litigant in person) Solicitors: Mr A Hudson Wilshire Webb Staunton Beattie(Respondent)
File Number(s):	305806/2016
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 under s34(3) of the Land and Environment Court Act 1979 are:

1. Leave is granted to the applicant to rely on amended plan DAO1, Revision C, prepared by George Carone dated 13 January 2017.

2. The appeal upheld.

3. Development application no. DA 163/2016 for new roof and louvres to existing front balcony of semi-detached dwelling is approved and the development consent issued by the Council is amended as follows:

1. the decision date is amended from 15 September 2016 to 13 January 2017;

2. the date from which the development consent operates is amended from 15 September 2016 to 13 January 2017;

3. the date which the development consent expires is amended from 15 September 2021 to 13 January 2022.

4. the conditions in Attachment A to the development consent are amended as follows:

1. Condition 1(a) is deleted and replaced with the following condition:

“(a)   architectural plan no DAO1 Revision C, tables and documentation prepared by George Carone, dated 13 January 2017”.

2. Conditions 1(b) and 2 are deleted.

4. As a consequence of Order 3 the development consent is now subject to the consolidated modified conditions of development consent set out in Annexure ‘A” to these orders.

…………….

Sue Morris

Commissioner

305806.2016 (C) Annexure A (207 KB, pdf)

305806.16 Morris - Plans (252 KB, pdf)