Nhi Giang Nguyen Ly v Hunter's Hill Council

[2018] NSWLEC 1060

Land and Environment Court

New South Wales

Medium Neutral Citation:	Nhi Giang Nguyen Ly v Hunter's Hill Council [2018] NSWLEC 1060
Hearing dates:	Conciliation conference on 7 and 15 December 2017, 23 January, 6 and 9 February 2018
Date of orders:	15 February 2018
Decision date:	15 February 2018
Jurisdiction:	Class 1
Before:	Dickson 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:	Nhi Giang Nguyen Ly (Applicant) Hunter's Hill Council (Respondent)
Representation:	Solicitor: Mr Perkins, Project Lawyers (Applicant) Mr Cole, HWL Ebsworth Lawyers (Respondent)
File Number(s):	2017/188443
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 on the plans referred to in Condition A2 of the conditions in Annexure A.

2. The appeal is upheld.

3. Development Application DA2017-1051 for the demolition of existing dwelling and construction of a new two storey dwelling and garage with associated landscaping at 48 Huntley's Point Road, Huntley's Point (the Site) is approved subject to the conditions in Annexure A.

4. The applicant is to pay the respondent's costs thrown away as a result of the applicant amending the development application, pursuant to Section 97B of the Environmental Planning and Assessment Act 1979 as agreed or assessed.

……………………….

D M Dickson

Commissioner of the Court

Annexure A (108 KB, pdf)

Annexure B (7.13 MB, pdf)