Irwin v Waverley Council

[2018] NSWLEC 1570

Land and Environment Court

New South Wales

Medium Neutral Citation:	Irwin v Waverley Council [2018] NSWLEC 1570
Hearing dates:	Conciliation conference on 29 and 30 October 2018
Date of orders:	30 October 2018
Decision date:	30 October 2018
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:	Csilla Noemi Irwin (Applicant) Waverley Council (Respondent)
Representation:	Counsel: A Hemmings (Applicant) Solicitors: Hones Lawyers (Applicant) J Ede, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2018/117749
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The Applicant is granted leave to rely on the amended plans as listed below:

1. Plan No. A 01, prepared by Studio [R] Architecture and Design Pty Ltd, dated 29 October 2018, notated Revision ‘B’.

2. Plan No. A 02, prepared by Studio [R] Architecture and Design Pty Ltd, dated 29 October 2018, notated Revision ‘B’.

3. Plan No. A 03, prepared by Studio [R] Architecture and Design Pty Ltd, dated 29 October 2018, notated Revision ‘B’.

4. Plan No. A04, prepared by Studio [R] Architecture and Design Pty Ltd, dated 29 October 2018, notated Revision ‘B’.

2. The appeal is upheld.

3. Development Application No. DA-284/2017 for construction of hardstand car parking space and driveway to semi-detached dwelling at 129 Blair Street, North Bondi, is approved subject to the conditions contained in Annexure “A”.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (248 KB, pdf)

Decision last updated: 30 October 2018