Hae Sook Sung and Yeoun Il Sung v City of Ryde Council

[2017] NSWLEC 1435

Land and Environment Court

New South Wales

Medium Neutral Citation:	Hae Sook Sung & Yeoun IL Sung v City of Ryde Council [2017] NSWLEC 1435
Hearing dates:	Conciliation conference on 10 July 2017
Date of orders:	14 August 2017
Decision date:	14 August 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:	Hae Sook Sung & Yeoun Il Sung (Applicants) City of Ryde Council (Respondent)
Representation:	Solicitor: Mr V Conomos, Conomos Legal (Applicant) Mr M Mantei, Planning Law Solutions (Respondent)
File Number(s):	2017/72301
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. Leave is granted to the applicant to rely on the amended plans set out in condition one of Annexure A.

2. The applicant is to pay the respondent’s costs under section 97B of the Environmental Planning and Assessment Act 1979 thrown away as a result of amending the development application, as agreed or assessed.

3. The appeal is upheld.

4. Development consent is granted to development application number LDA 2016/0516 for demolition of existing dwelling and construction of a 22 room boarding house at lot A DP 381028, 14A Ethel St Eastwood subject to the conditions of consent in Annexure A.

……………………….

Commissioner Chilcott

72301.17 Chilcott (C) (545 KB, pdf)