Murrell v Woollahra Municipal Council

[2018] NSWLEC 1099

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Murrell v Woollahra Municipal Council [2018] NSWLEC 1099
Hearing dates:	Conciliation conference on 8 February 2018, 19 February 2018, 27 February 2018
Date of orders:	28 February 2018
Decision date:	28 February 2018
Jurisdiction:	Class 1
Before:	Bish 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:	George Murrell (1st Applicant) Deidre Murrell (2nd Applicant) Woollahra Municipal Council (Respondent)
Representation:	Counsel: Mr Peter McEwan SC (Applicant) Solicitor: Ms Susan Hill, Hones Lawyers Pty Ltd (Applicant) Ms Jane Hewitt, HWL Ebsworth Lawyers (Respondent)
File Number(s):	2017/374176
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 the development application and rely upon the plans referred to in Condition A.6 of Annexure "A" to this agreement.

2. The Appeal is upheld.

3. Modification Application DA14/2013/3 for external modifications, a landscaping modification and the deletion/modification of conditions of consent relating to development at 40 Fitzwilliam Road, Vaucluse is approved subject to the conditions set out in Annexure “A” to this agreement.

……………………….

Sarah Bish

Commissioner of the Court

Annexure A (346 KB, pdf)

Annexure B (5.39 MB, pdf)

Annexure C (679 KB, pdf)

Annexure D (2.14 MB, pdf)

Amendments

02 March 2018 - Order and decision dates corrected

08 March 2018 - Order and decision dates corrected

08 March 2018 - Parties corrected

08 March 2018 - Representation corrected