Jayson Mai v Willoughby City Council

[2017] NSWLEC 1317

Land and Environment Court

New South Wales

Medium Neutral Citation:	Jayson Mai v Willoughby City Council [2017] NSWLEC 1317
Hearing dates:	Conciliation Conference on 19 & 20 June 2017
Date of orders:	20 June 2017
Decision date:	20 June 2017
Jurisdiction:	Class 1
Before:	Dixon C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Cases Cited:	Nil
Texts Cited:	Nil
Category:	Principal judgment
Parties:	Jayson Mai (Applicant) Willoughby City Council (Respondent)
Representation:	Mr G McKee (Applicant) Mr K Webber (Respondent)
File Number(s):	2017/59460
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 applicant is granted leave to amend the development application and rely on the plans referred to in Condition 1 of Annexure “A” to this agreement.

2. The Clause 4.6 variations regarding height (Clause 4.3), floor space ratio (Clause 4.4) and minimum lot size for dual occupancies (Clause 6.10) are upheld.

3. The Appeal is upheld.

4. Development Application Number DA2016/457 for the demolition of existing dwellings (x2) and ancillary structures, and construction of a new attached dual occupancy development with communal recreation space and swimming pool at 16 – 26 Linden Way, Castlecrag, NSW is approved subject to the conditions set out in Annexure “A” to this agreement.

5. Pursuant to section 97B of the Environmental Planning and Assessment Act 1979 (NSW), the applicant is to pay the respondent’s costs thrown away as agreed or assessed.

…………….

S Dixon

Commissioner of the Court

59460.17 (C) (435 KB, pdf)