Moss v Council of the City of Ryde

[2018] NSWLEC 1217

Land and Environment Court

New South Wales

Medium Neutral Citation:	Moss v Council of the City of Ryde [2018] NSWLEC 1217
Hearing dates:	Conciliation conference on 11 & 27 April 2018
Date of orders:	07 May 2018
Decision date:	07 May 2018
Jurisdiction:	Class 1
Before:	Bish C
Decision:	See [4] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Bill Moss (Applicant) Council of the City of Ryde (Respondent)
Representation:	Solicitor: G McKee, McKees Legal Solutions (Applicant) P Kapetas, Council of the City of Ryde (Respondent)
File Number(s):	2017/324365
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 make, 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 its application to rely on the plans detailed in condition 1 of the attached Annexure ‘A’.

2. The Appeal is upheld.

3. Pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, deferred commencement consent is granted to development application No. LDA2017/0358 for the demolition of existing structures on and the subsequent construction of a dwelling house and associated swimming pool at 26 McGowan Street, Putney NSW, subject to the conditions of consent in Annexure ‘A’.

……………………….

Sarah Bish

Commissioner of the Court

Annexure A (372 KB, pdf)

Annexure B (6.35 MB, pdf)