Liam Maley trading as Renco Design v Wollongong City Council

[2018] NSWLEC 1212

Land and Environment Court

New South Wales

Medium Neutral Citation:	Liam Maley trading as Renco Design v Wollongong City Council [2018] NSWLEC 1212
Hearing dates:	Conciliation conference on 23 April 2018
Date of orders:	03 May 2018
Decision date:	03 May 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:	Liam Maley trading as Renco Design (Applicant) Wollongong City Council (Respondent)
Representation:	Solicitors: C Maley, Maclarens Lawyers (Applicant) J Reilly, Wollongong City Council (Respondent)
File Number(s):	2017/335563
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 amended plans as at Annexure B.

2. The appeal is upheld; and

3. DA-2017/776 for the construction of an additional dwelling at Lot 51 DP 662344, otherwise known as 6-8 Beach Road Stanwell Park, for the purpose of creating a detached dual occupancy, is determined by the grant of consent, subject to the conditions at Annexure “A”.

……………………….

Sarah Bish

Commissioner of the Court

Annexure A (345 KB, pdf)

Annexure B (5.40 MB, pdf)