Masterman v Hawkesbury City Council

[2018] NSWLEC 1181

Land and Environment Court

New South Wales

Medium Neutral Citation:	Masterman v Hawkesbury City Council [2018] NSWLEC 1181
Hearing dates:	Conciliation conference on 13 April 2018
Date of orders:	13 April 2018
Decision date:	13 April 2018
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See [5] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Cybele Masterman (Applicant) Hawkesbury City Council (Respondent)
Representation:	Solicitors: Maysaa Parrino, Project Lawyers (Applicant) Adam Seton, Marsdens Law Group (Respondent)
File Number(s):	2017/322823
Publication restriction:	No

Judgment

1. COMMISSIONER: The is an appeal by Ms Masterman against Hawkesbury City Council's notice of determination dated 25 May 2017, refusing the Applicant's Development Application No. DA0860/16 lodged with Council on 29 December 2016.

2. 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”.

3. 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.

4. 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.

5. 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 Condition 1 of Annexure ‘A’.

2. The appeal is upheld

3. Development consent is granted to Development Application No. 0860/16 for the constructions of a single story 3 bedroom dwelling, driveway, pool and shed on the land known as 584 Lower Colo Road, Lower Portland subject to the conditions in Annexure ‘A’.

4. No order as to costs.

……………………….

D M Dickson

Commissioner of the Court

Annexure A (122 KB, pdf)