Oliver Steele v Waverley Council

[2017] NSWLEC 1393

Land and Environment Court

New South Wales

Medium Neutral Citation:	Oliver Steele v Waverley Council [2017] NSWLEC 1393
Hearing dates:	Conciliation conference on 21 July 2017
Date of orders:	21 July 2017
Decision date:	21 July 2017
Jurisdiction:	Class 1
Before:	Gray 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:	Oliver Steele (Applicant) Waverley Council (Respondent)
Representation:	Solicitor: Mr V Conomos, Conomos Legal (Applicant) Mr S Patterson, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2016/369885
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 upon the following plans and documentation in the proceedings:

Reference/Dwg No	Title/Description	Prepared By	Date
Architectural Drawings Nos.	00-01, 01-02, 05-01 to 05-12, 12-00, Revision 9, Revision s34	Steele Associates Architecture,	16 May 2017
Landscape Plans
LPDA17-17 page number 1, rev E LPDA17-17 page number 3, rev A	Conzept Landscape Architects	06.06.2017 20.07.2016
Reports/Certificates/Statements/Plans
Cert. No. 840384M_02	BASIX Certificate	12.07.2017
Site Waste and Recycling Management Plan (SWRMP) and Checklist

2. Pursuant to Section 97B of the Environmental Planning and Assessment Act 1979, the Applicant agrees to pay the Respondent’s costs in the fixed amount of $5,000 within 28 days.

3. The appeal is upheld.

4. Development Application No. DA-411/2016 for the demolition of the existing single storey residential building, and the construction of a three storey residential flat building comprising six units (4 x 2 bedroom, 2 x 3    bedroom), with an attic level and basement comprising eight car parking spaces, at 585 Old South Head Road, Rose Bay is approved subject to the conditions in Annexure “A”.

……………………….

Commissioner Gray

369885.16 (C) (71.7 KB, docx)

369885 Gray - Plans (1.81 MB, pdf)