Landmark Group Australia Pty Ltd v Woollahra Municipal Council

[2017] NSWLEC 1462

Land and Environment Court

New South Wales

Medium Neutral Citation:	Landmark Group Australia Pty Ltd v Woollahra Municipal Council [2017] NSWLEC 1462
Hearing dates:	Conciliation conference on 18 August 2017
Date of orders:	28 August 2017
Decision date:	28 August 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
Category:	Principal judgment
Parties:	Landmark Group Australia Pty Ltd (Applicant) Woollahra Municipal Council (Respondent)
Representation:	Solicitors: Mr A Whealy, Mills Oakley (Applicant) Mr A Hudson, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	17/118724
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 rely on the amended plans and documents as referred to in the conditions of consent contained in Annexure “A” and included at Annexure “B”.

2. The appeal is upheld.

3. Development application no. DA27/2017/1 lodged on 27 January 2017 for alterations and additions to the top floor apartment (Apartment 4) to include amendments to the northern, southern and western facing facades and internal modifications at Unit 4, 47 New Beach Road, Darling Point NSW 2027 is approved subject to the conditions contained in Annexure “A”.

…………….

S Dixon

Commissioner of the Court

118724.17 Dixon (C) Annexure A (487 KB, pdf)

118724.17 Dixon (C) Annexure B (4.22 MB, pdf)