Lin v Woollahra Municipal Council

[2018] NSWLEC 1172

Land and Environment Court

New South Wales

Medium Neutral Citation:	Lin v Woollahra Municipal Council [2018] NSWLEC 1172
Hearing dates:	Conciliation conference on 5 April 2018
Date of orders:	05 April 2018
Decision date:	05 April 2018
Jurisdiction:	Class 1
Before:	Froh R
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:	Jin Lin (Applicant) Woollahra Municipal Council (Respondent)
Representation:	Counsel: Mr Chris McEwen SC (Applicant) Solicitors: Ms Christina Renner, Dentons (Applicant) Ms Danielle Le Breton, HWL Ebsworth (Respondent)
File Number(s):	2017/324453
Publication restriction:	No

Judgment

1. REGISTRAR: 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 Registrar, 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 listed at A.3 set out in Annexure “A” to this agreement.

2. The appeal is upheld.

3. Development consent is granted to DA 502/2016 subject to the conditions set out in Annexure “A” to this agreement.

……………………….

S Froh

Registrar of the Land and Environment Court

Annexure A (348 KB, pdf)