Murrell v Woollahra Municipal Council

[2018] NSWLEC 1247

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Murrell v Woollahra Municipal Council [2018] NSWLEC 1247
Hearing dates:	Conciliation conference on 8, 19 & 27 February, 26 April, 3, 10, 16 & 21 May 2018
Date of orders:	23 May 2018
Decision date:	23 May 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 (First Applicant) Deidre Murrell (Second Applicant) Woollahra Municipal Council (Respondent)
Representation:	Solicitors: J Hones, Hones Lawyers Pty Ltd (Applicant) J Hewitt, HWL Ebsworth(Respondent)
File Number(s):	2017/220547
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 First and Second Applicant be granted leave to rely upon the following plans prepared by David White Architects with respect to its Building Certificate Application ref. 62/2016 dated 29 June 2017 (‘BC Application’):

Document Description	Date	Plan No/Reference
Site Plan	20.02.2018	Drawing 01, Revision B
Ground Floor Plan	21.02.2018	Drawing 02, Revision B
Upper Floor Plan	20.02.2018	Drawing 03, Revision C
Belvedere Floor Plan	20.02.2018	Drawing 04, Revision B
North-East and South-East Elevation	12.02.2018	Drawing 05, Revision B
South-West Elevation	20.02.2018	Drawing 06, Revision C
North-West Elevation	21.02.2018	Drawing 07, Revision B
Sun Studies	21.09.2017	Drawing 08, Revision A
Section 1	15.12.2016	Drawing 02, Revision A
Section 2	15.12.2016	Drawing 03, Revision A
Landscape Plan – SW Corner	09.02.2018	Drawing LP01-B, Revision B

2. The appeal is upheld.

3. The Respondent agrees to issue a Building Information Certificate pursuant to s 6.24 of the Environmental Planning and Assessment Act 1979 at the property known as 40 Fitzwilliam Road, Vaucluse, in relation to the BC Application as amended by the plans referred to in order 4(1) above with the exception of the following works:

1. The Window 26 privacy screen (required by condition C1.g of the consent);

2. The green walls on the planter box, (required by condition C1.i of the consent);

3. The landscaping in the planter box (required by condition C1.n of the consent);

4. The optional green wall facing into the site (allowed under condition C1.o of the consent).

4. The Applicant is to pay the Respondent’s costs in the amount of $8,216.00.

……………………….

Sarah Bish

Commissioner of the Court

Plans (4.88 MB, pdf)

Amendments

23 May 2018 - Correction to dates