Madi v Bayside Council

[2018] NSWLEC 1423

Land and Environment Court

New South Wales

Medium Neutral Citation:	Madi v Bayside Council [2018] NSWLEC 1423
Hearing dates:	Conciliation conference on 10 August 2018
Date of orders:	10 August 2018
Decision date:	10 August 2018
Jurisdiction:	Class 1
Before:	Chilcott 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:	Amani Amanda Madi (Applicant) Bayside Council (Respondent)
Representation:	Solicitors: C Batshon (leave granted), ANB Lawyers (Applicant) P L Brown, HWL Ebsworth (Respondent)
File Number(s):	2018/58038
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 Land and Environment Court Act 1979 are:

1. The Appeal is upheld;

2. Development Application No. DA2017-530, for the construction of a single storey residential dwelling at 45 Tuffy Avenue, Sans Souci, is determined by approval subject to conditions as set out in “Annexure A”.

3. Each party is to pay its own costs.

……………………….

M Chilcott

Commissioner of the Court

Annexure A (78.8 KB, pdf)