Greg Windust v Central Coast Council

[2017] NSWLEC 1370

Land and Environment Court

New South Wales

Medium Neutral Citation:	Greg Windust v Central Coast Council [2017] NSWLEC 1370
Hearing dates:	Conciliation conference on 4 & 13 July 2017
Date of orders:	17 July 2017
Decision date:	17 July 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
Category:	Principal judgment
Parties:	GREG WINDUST (Applicant) CENTRAL COAST COUNCIL (Respondent)
Representation:	Solicitor: Ms S Powazuk, Long Legal (Applicant) Mr M Ball, Central Court Council (Respondent)
File Number(s):	2017/77589
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. Leave is granted to the applicant to rely on the amended plans referred to in condition 1.1 of annexure “A”;

3. Consent is granted to development application 50438/20165, for construction of a 2 storey boarding house in 2 buildings with basement parking, comprising 9 boarding rooms (6 in one building and 3 in the second building), a communal living area and communal open space.at Lot 9 DP 13304, with a street address of 100 Ocean View Drive, Wamberal, NSW subject to the conditions contained in the annexure marked “A” to this agreement.

……………………….

Michael Chilcott

Commissioner of the Court

77589.17 Annexure A (407 KB, pdf)

77589.17 Plans - 100 Ocean View Drive Wamberal - Jun 2017 (3.45 MB, pdf)