Morton v Woollahra Municipal Council

[2016] NSWLEC 1476

Land and Environment Court

New South Wales

Medium Neutral Citation:	Morton v Woollahra Municipal Council [2016] NSWLEC 1476
Hearing dates:	Conciliation conference on 11 October 2016
Date of orders:	11 October 2016
Decision date:	11 October 2016
Jurisdiction:	Class 1
Before:	Smithson 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:	Roderick Morton (Applicant) Woollahra Municipal Council (Respondent)
Representation:	Counsel: Mr Clay & Ms Reid (Applicant) Solicitors: C. Campbell, Lindsay Taylor Lawyers (Respondent)
File Number(s):	2016/00178543
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. DA 120/2014 for alterations and additions including a new roof level addition on land at 4 Fisher Avenue is approved subject to the conditions set out in Annexure ‘A’.

…………….

Jenny Smithson

Commissioner

178543.16 - Annexure A (214 KB, pdf)

Decision last updated: 14 October 2016