JN Development Pty Ltd v Woollahra Municipal Council

[2016] NSWLEC 1361

Land and Environment Court

New South Wales

Medium Neutral Citation:	JN Development Pty Ltd v Woollahra Municipal Council [2016] NSWLEC 1361
Hearing dates:	Conciliation conference on 2 August 2016
Date of orders:	17 August 2016
Decision date:	17 August 2016
Jurisdiction:	Class 1
Before:	O’Neill 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:	JN Developments Pty Limited (Applicant) Woollahra Municipal Council (Respondent)
Representation:	Counsel: Mr A. Galasso SC (Applicant) Mr C. Campbell solicitor (Respondent)   Solicitors: Hall & Wilcox Lawyers (Applicant) Lindsay Taylor Lawyers (Respondent)
File Number(s):	2016/165608
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, 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 Class 1 appeal is upheld.

2. The Clause 4.6 submission with regard to height pursuant to Woollahra Local Environmental Plan 2014 is well founded and upheld.

3. Development Application No. 574/2015 seeking to demolish an existing dwelling house and construct a new dwelling house, swimming pool and associated site and landscape works at 9 Sutherland Crescent, Darling Point (Lot 2 DP 1189573) is approved subject to the conditions set out in Annexure ‘A’.

4. The Applicant is granted leave to rely on the further amended plans set out at condition A2 of Annexure A.

5. The Applicant is to pay the Respondent’s costs in the amount of $1000 pursuant to s 97B of the Environmental Planning and Assessment Act 1979 within 28 days of the date of the agreement.

…………….

Commissioner O’Neill

165608.16 O'Neill (C) (679 KB, pdf)