Parker Logan Property Pty Ltd v Woollahra Municipal Council

[2017] NSWLEC 1563

Land and Environment Court

New South Wales

Medium Neutral Citation:	Parker Logan Property Pty Ltd v Woollahra Municipal Council [2017] NSWLEC 1563
Hearing dates:	Conciliation conference on 28 June & 13 July 2017
Date of orders:	06 October 2017
Decision date:	06 October 2017
Jurisdiction:	Class 1
Before:	Dixon 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:	PARKER LOGAN PROPERTY PTY LTD (ACN 121 055 178) (Applicant) WOOLLAHRA MUNICIPAL COUNCIL (Respondent)
Representation:	Solicitor: Mr A Boskovitz, Koskovitz & Assoicates Solicitors (Applicant) Ms J Hewitt, HWL Ebsworth Lawyers (Respondent)
File Number(s):	2017/72377
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 following amended plans:

1. Architectural plans prepared by Nicolas Tang Architects:

1. Ground floor plan, Rev E dated 15 August 2017;

2. First floor plan, Rev A dated 14 June 2017; and

3. Pool sections, Rev A dated 5 July 2017

2. Landscape plan prepared by Captivate Landscape Design drawing number 16-1220/1, Rev C dated 15 August 2017

3. Longitudinal sections prepared by Hemanote Consultants drawing numbers 1831617 dated July 2017

4. Stormwater drainage plans prepared by Green Arrow drawing numbers H-01-H04, Rev B dated 6 July 2017

2. The appeal is upheld.

3. Development application 589/2016/1 as amended by order 1 for demolition of all existing structures and the construction of a two-storey attached dual occupancy on each of the 3 sites, new swimming pools, fences, driveways, landscaping, siteworks and strata subdivision on Lots 4, 3 and 2 in DP 109409, commonly known as 52 - 56 Old South Head Road, Vaucluse is approved subject to the conditions in Annexure “A” hereto.

4. The applicant is to pay Council's costs thrown away pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the amount of $4,500.00.

……………………….

Commissioner Dixon

Annexure A (741 KB, pdf)

Plans (1.38 MB, pdf)

Plans cont. (1.35 MB, pdf)