Malek v Woollahra Council

[2017] NSWLEC 1659

Land and Environment Court

New South Wales

Medium Neutral Citation:	Malek v Woollahra Council [2017] NSWLEC 1659
Hearing dates:	Conciliation conference on 13 November 2017
Date of orders:	20 November 2017
Decision date:	20 November 2017
Jurisdiction:	Class 1
Before:	O’Neill C
Decision:	See (4) below
Catchwords:	MODIFICATION APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Michelle Malek (Applicant) Woollahra Council (Respondent)
Representation:	Counsel: Mr C. Ireland SC.(Applicant) Ms J. Hewitt solicitor (Respondent)   Solicitors: Addison Lawyers.(Applicant) HWL Ebsworth Lawyers (Respondent)
File Number(s):	2017/210663
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, 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 appeal is upheld.

2. Modification Application No. 244/2015/1 for internal and external amendments to Development Consent No. 244/2015 at 29 Coolong Road, Vaucluse, NSW 2030, referred to in condition A3, is approved, subject to the consolidated conditions of consent at Annexure A.

…………….

Commissioner O’Neill

210663.17 Annexure A (C) (652 KB, pdf)

210663.17 O'Neill - Annexure B (160 KB, pdf)