Michael Suttor Architects v Woollahra Council

[2017] NSWLEC 1374

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Michael Suttor Architects v Woollahra Council [2017] NSWLEC 1374
Hearing dates:	Conciliation conference on 28 June 2017
Date of orders:	18 July 2017
Decision date:	18 July 2017
Jurisdiction:	Class 1
Before:	O’Neill 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:	Michael Suttor Architects (Applicant) Woollahra Council (Respondent)
Representation:	Counsel: Dr S. Berveling barrister (Applicant) Mr S. Patterson solicitor (Respondent)   Solicitors: -.(Applicant) Wiltshire Webb Staunton Beattie (Respondent)
File Number(s):	2017/53325, 2017/53322

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. Leave is granted to rely on the amended plans, which are the plans referred to in condition A.3 of the conditions at Annexure A.

3. The applicant is to pay the costs thrown away as a result of amending the development application pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the sum of $500.00 within 28 days.

4. Development Application No DA 462/2016/1 dated 28 October 2016 for alterations and additions to an existing residence at 75 Queen Street Woollahra is approved subject to the conditions contained in annexure A.

…………….

Commissioner O’Neill

53325.17 O'Neill (C) (1.51 MB, pdf)

53322.17 O'Neill (C) (1.41 MB, pdf)

Amendments

26 July 2017 - Conditions attached for 53322.17