Olga Katyk v Woollahra Municipal Council

[2017] NSWLEC 1113

Land and Environment Court

New South Wales

Medium Neutral Citation:	Olga Katyk v Woollahra Municipal Council [2017] NSWLEC 1113
Hearing dates:	Conciliation conference on 28 February 2017
Date of orders:	07 March 2017
Decision date:	07 March 2017
Jurisdiction:	Class 1
Before:	Martin SC
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:	Olga Katyk (Applicant) Woollahra Municipal Council (Respondent)
Representation:	David Creais, Bartier Perry (Applicant) Stephen Patterson, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	16/348138
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 rely on the amended plan as listed below:

Landscape plan LCP/LOIC dated February 2017 by Frolic Consortium Landscape Architects.

2. The Appeal is upheld.

3. Modification Application No. DA78/2008/7 dated 8 April 2016 for the amendments to the stormwater management plan and planter boxes and associated works at 47 Chamberlain Avenue Rose Bay is approved subject to the conditions contained in Annexure ‘A’ attached.

4. The Court notes that the parties have agreed that the amendments contained in the plans in 2(a) are minor and that there should be no order as to costs pursuant to s.97B of the Environmental Planning and Assessment Act 1979.

…………….

Rosemary Martin

Senior Commissioner

348138.16 Annexure A (C) (443 KB, pdf)