Pace v Hunter's Hill Council

[2018] NSWLEC 1431

Land and Environment Court

New South Wales

Medium Neutral Citation:	Pace v Hunter’s Hill Council [2018] NSWLEC 1431
Hearing dates:	Conciliation conferences on 25 July 2018; 01 August 2018; 13 August 2018
Date of orders:	15 August 2018
Decision date:	15 August 2018
Jurisdiction:	Class 1
Before:	Smithson 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:	Jason Pace (First Applicant) Celia Pace (Second Applicant) Hunter’s Hill Council (Respondent)
Representation:	Counsel: N Eastman (Applicant) Solicitors: Mills Oakley (Applicant) J Cole, HWL Ebsworth Lawyers (Respondent)
File Number(s):	2018/26683
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 s 34(3) of the Court Act are:

1. The Applicant is granted leave to rely on the amended plans and documents as referred to in Part A Condition 2 of the Conditions of Consent contained in Annexure “A”.

2. The appeal is upheld.

3. Development Application No. DA2017/1179 for the construction of a new stepped terrace with a garden storage room below, in-ground spa pool and the erection of a new garage and carport at 5 Woolwich Road, Hunters Hill, is approved subject to the conditions contained at Annexure “A”.

……………………….

Jenny Smithson

Commissioner of the Court

Annexure A (73.7 KB, pdf)