Karellas v Mosman Municipal Council

[2018] NSWLEC 1446

Land and Environment Court

New South Wales

Medium Neutral Citation:	Karellas v Mosman Municipal Council [2018] NSWLEC 1446
Hearing dates:	Conciliation conference on 16 & 17 August 2018
Date of orders:	23 August 2018
Decision date:	23 August 2018
Jurisdiction:	Class 1
Before:	Bish 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:	Andreas Karellas (First Applicant) Helen Karellas (Second Applicant) Mosman Municipal Council (Respondent)
Representation:	Counsel: M Staunton (Applicant) Solicitors: Sattler & Associates Pty Ltd (Applicant) R McCulloch, Pikes & Verekers Lawyers (Respondent)
File Number(s):	2018/29877
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 Court Act are:

1. The Appeal is allowed;

2. Modification Application No DA8.2014.233.3 to modify Development Consent No DA8.2014.233.1 for alterations and additions to the existing dwelling at 9 Burran Avenue Mosman is determined by approving the modifications as set out in Annexure A;

3. As a consequence of order (2), Development Consent No DA8.2014.233.1 is now subject to the consolidated, modified conditions of development consent set out in Annexure B.

……………………….

Sarah Bish

Commissioner of the Court

Annexure A (63.4 KB, pdf)   Annexure B (192 KB, pdf)