JN Developments Management Pty Ltd v Woollahra Council

[2017] NSWLEC 1124

Land and Environment Court

New South Wales

Medium Neutral Citation:	JN Developments Management Pty Ltd v Woollahra Council [2017] NSWLEC 1124
Hearing dates:	Conciliation conference on 10 March 2017
Date of orders:	10 March 2017
Decision date:	10 March 2017
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 Management (Applicant) Woollahra Municipal Council (Respondent)
Representation:	Counsel: Mr A. Galasso SC with Mr S. Kondilios solicitor (Applicant) Mr C. Campbell solicitor (Respondent)   Solicitors: Hall and Wilcox Lawyers (Applicant) Lindsay Taylor Lawyers (Respondent)
File Number(s):	2016/270161
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 were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

1. The appeal is upheld.

2. The applicant is granted leave to rely on the plans listed in condition A.2 of Annexure “A”.

3. Development Application DA No 300/2016 to demolish a strata duplex and construct a three (3) level apartment building consisting of three (3) units, basement parking and removal of trees on land described as Lot A DP367450 (known as 10 Sutherland Crescent, Darling Point) is approved by the granting development consent subject to the conditions set out at Annexure “A”.

4. The applicant is to pay the respondent costs thrown away under s 97B of the Environmental Planning and Assessment Act 1979 in the amount of $1,000.00 within 28 days.

…………….

Commissioner O’Neill

270161.16 O'Neill (C) (413 KB, pdf)