Parker Logan Property Pty Ltd v Woollahra Municipal Council

[2017] NSWLEC 1153

Land and Environment Court

New South Wales

Medium Neutral Citation:	Parker Logan Property Pty Ltd v Woollahra Municipal Council [2017] NSWLEC 1153
Hearing dates:	Conciliation conference on 23 January, 23 February and 8 March 2017
Date of orders:	24 March 2017
Decision date:	24 March 2017
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: demolition of the existing dwelling house and construction of a new Seniors Housing development conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Parker Logan Property Pty Ltd (Applicant) Woollahra Municipal Council (Respondent)
Representation:	Solicitor: Mr A Boskovitz, Boskovitz & Associates Solicitors (Applicant) Mr P Rigg, (Respondent)
File Number(s):	2016/309314
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of Development Application No. DA354/2016 for demolition of the existing dwelling house and construction of a new Seniors Housing development at 24 Northland Avenue Bellevue Hill.

2. 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”.

3. 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.

4. 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.

5. 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 amended architectural plans and elevations referred to in paragraph A.3 “Approved Plans and supporting documents’ in the conditions of consent annexed to this agreement and marked Annexure “A”. Such leave is granted to the applicant subject to an order under s97b of the environmental Planning and Assessment Act 1979 that the applicant pay to the Respondent those costs of the Council thrown away as a result of amending the development application in such sum as is agreed or assessed.

2. The appeal is upheld.

3. Development Application No. DA354/2016 for the demolition of the existing dwelling house and construction of a new Seniors Housing development is determined by approving the plans set out in Annexure “A”. Annexed hereto and marked “B” are a set of the amended plans referred to in Annexure A.

4. Each party pays its own costs of the proceedings.

……………………….

Commissioner Brown

309314.16 Brown (C) (736 KB, pdf)