Monro v Central Coast Council

[2016] NSWLEC 1563

Land and Environment Court

New South Wales

Medium Neutral Citation:	Monro v Central Coast Council [2016] NSWLEC 1563
Hearing dates:	Conciliation conference on 21 November 2016
Date of orders:	24 November 2016
Decision date:	24 November 2016
Jurisdiction:	Class 1
Before:	Dixon C
Decision:	See (4) below
Catchwords:	APPEAL – Development application: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Gordon Monro (Applicant) Central Coast Council (Respondent)
Representation:	Counsel: Gordon Monro (Applicant) (Litigant in person) Martin Ball (Solicitor) (Respondent) Solicitors: Gordon Monro (Applicant) (Litigant in person) Central Coast Council (Respondent)
File Number(s):	2016/00223673
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 Applicant is granted leave to amend Development Application No. 48794/2015 from being an application for consent to a rural worker’s dwelling and double garage to an application for consent to a new dwelling house and double garage and to change the use of the existing dwelling house to a rural worker’s dwelling.

2. The appeal is upheld.

3. Consent is granted to development application 48794/2015, for a new dwelling house and double garage and to change the use of the existing dwelling house to a rural worker’s dwelling, at Lot 33 DP 755224, with a street address of 11 Hoipos Road Somersby NSW subject to the conditions contained in the annexure marked “A” to this agreement.

4. The applicant must surrender development consent 8146 of 1987 in accordance with condition 2.6 in annexure “A”.

…………….

Susan Dixon

Commissioner

223673.16 - Annexure A - Conditions of Consent (54.1 KB, pdf)

Decision last updated: 29 November 2016