MacGregor v Waverley Council

[2019] NSWLEC 1246

Land and Environment Court

New South Wales

Medium Neutral Citation:	MacGregor v Waverley Council [2019] NSWLEC 1246
Hearing dates:	Conciliation conference on 24 May 2019
Date of orders:	04 June 2019
Decision date:	04 June 2019
Jurisdiction:	Class 1
Before:	Chilcott C
Decision:	The Court orders: (1)   Leave is granted to the Applicant to rely upon the amended plans listed in Condition 1(a)(i) at Annexure ‘A’. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (“EP&A Act”), the Applicant is to pay those costs of the Respondent that were thrown away as a result of amending the development application in the sum of $4,000 with 14 days of these orders. (3)   The appeal in respect of the property known as 18 Leichhardt Street, Bronte, is upheld. (4)   Development Application DA-457/2017 for alterations and additions to existing dwelling including first floor addition, internal alterations and new studio above garage at 18 Leichhardt Street, Bronte is approved subject to the conditions at Annexure “A”.
Catchwords:	DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Emily MacGregor (First Applicant) Peter MacGregor (Second Applicant) Waverley Council (Respondent)
Representation:	Solicitors: V Conomos, Conomos Legal (Applicants) J Ede, Wilshire Webb Staunton Beattie Lawyers (Respondent)
File Number(s):	2018/288188
Publication restriction:	No

Judgment

1. COMMISSIONER: Emily MacGregor and Peter MacGregor (the Applicants) has appealed the refusal by Waverley Council (the Respondent) of their development application (DA-457/2017) for alterations and additions to an existing dwelling, including first floor additions, internal alterations, and a new studio above a garage at 18 Leichhardt Street, Bronte (the Subject Site).

2. The appeal comes to the Court pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act), and falls within Class 1 of the Court’s jurisdiction.

3. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the Parties, which was held on 24 May 2019, and I presided over the conciliation conference.

4. At the conciliation conference, the Parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the Parties. This decision involved the Court upholding the appeal and granting consent to the development application, subject to conditions.

5. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the Parties’ decision if the Parties’ decision is a decision that the Court could have made in the proper exercise of its functions. The Parties’ decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application.

6. There are no jurisdictional preconditions that must be satisfied before this function can be exercised.

7. I am satisfied that the Parties’ decision is one that the Court could have made in the proper exercise of its functions, as required by s 34(3) of the LEC Act.

8. As the Parties’ decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the Parties’ decision.

9. The Court orders:

1. Leave is granted to the Applicant to rely upon the amended plans listed in Condition 1(a)(i) at Annexure ‘A’.

2. Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act1979 (“EP&A Act”), the Applicant is to pay those costs of the Respondent that were thrown away as a result of amending the development application in the sum of $4,000 with 14 days of these orders.

3. The appeal in respect of the property known as 18 Leichhardt Street, Bronte, is upheld.

4. Development Application DA-457/2017 for alterations and additions to existing dwelling including first floor addition, internal alterations and new studio above garage at 18 Leichhardt Street, Bronte is approved subject to the conditions at Annexure “A”.

…………………………….

M Chilcott

Commissioner of the Court

Annexure A

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Decision last updated: 04 June 2019