Jahani v Mosman Municipal Council

[2018] NSWLEC 1066

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Jahani v Mosman Municipal Council [2018] NSWLEC 1066
Hearing dates:	Conciliation conference on 29-39 January, 8 and 14 February 2018
Date of orders:	16 February 2018
Decision date:	16 February 2018
Jurisdiction:	Class 1
Before:	Dickson 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:	Sarah Jahani (Applicant) Mosman Municipal Council (Respondent)
Representation:	Solicitor: Michael Mantei, Planning Law Solutions (Applicant) Roslyn McCulloch, Pikes & Verekers Lawyers (Respondent)
File Number(s):	2017/255341
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. Approval is given to the modification of the development consent 8.2012.16.1 granted by Mosman Council on 19 September 2012, as subsequently modified, for the demolition of existing structures and erection of a dual occupancy with basement car parking, landscaping and fencing on land at 252 Raglan Street Mosman, in accordance with the conditions in Annexure A hereto.

3. As a consequence of order 2, the development consent 8.2012.16.1 granted by granted by Mosman Council on 19 September 2012 is now subject to the consolidated, modified conditions of development consent set out in Annexure B hereto.

……………………….

D M Dickson

Commissioner of the Court

Annexure A Slip Rule(59.5 KB, pdf)

Annexure B Slip Rule (110 KB, pdf)

Annexure C Plans (6.08 MB, pdf)

Amendments

01 March 2018 - Pursuant to UCPR 36.17, the slip rule, amend the judgment made on 16 February 2018 by substituting the attached conditions in lieu of those attached to the orders made on 16 February 2018.