Hogan v Sutherland Shire Council

[2018] NSWLEC 1173

Land and Environment Court

New South Wales

Medium Neutral Citation:	Hogan v Sutherland Shire Council [2018] NSWLEC 1173
Hearing dates:	Conciliation conference on 6 April 2018
Date of orders:	06 April 2018
Decision date:	06 April 2018
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See [5] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Ben Hogan (Applicant) Sutherland Shire Council (Respondent)
Representation:	Counsel: Mr Michael Staunton (Applicant) Solicitors: Mr Ben Hogan, Litigant in Person (Applicant) Mr Luke Murtas, Sutherland Shire Council (Respondent)
File Number(s):	2017/317428
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against a deemed refusal by Sutherland Shire Council of development application No. DA17/0815 for the construction of a two storey dwelling with semi basement parking and swimming pool and associated drainage and landscaping works at Lot 430 DP 1197751, otherwise known as 28 Peregrine Drive, Greenhills Beach.

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 granted leave to rely on the amended plans referred to in Condition 1 of Annexure A.

2. The appeal is upheld.

3. Development Applicant No. 17/0815 for construction of a two storey dwelling with semi basement parking and swimming pool, associated drainage and landscaping words at 28 Peregrine Drive, Green Hills (Lot 430 DP 1197751) is approved subject to the conditions contained in Annexure A.

……………………….

D M Dickson

Commissioner of the Court

Annexure A (254 KB, pdf)