Patel v North Sydney Council

[2016] NSWLEC 1222

Land and Environment Court

New South Wales

Medium Neutral Citation:	Patel v North Sydney Council [2016] NSWLEC 1222
Hearing dates:	Conciliation conference on 2 June 2016
Date of orders:	06 June 2016
Decision date:	06 June 2016
Jurisdiction:	Class 1
Before:	Pearson C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION; demolition of existing building and construction of three storey dwelling; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Pratibha Patel (Applicant) North Sydney Council (Respondent)
Representation:	Counsel: Ms S Duggan SC (Applicant) Solicitors: Mr M Jaku, Jaku Legal (Applicant) Mr S Shneider, Houston Dearn O’Connor (Respondent)
File Number(s):	2016/158290
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, 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 are:

1. The Applicant is granted leave to amend the development application to rely on the following amended plan:

Plan No.	Issue	Title	Drawn by	Dated
DA-02	D	Floor Plans	Ae design partnership	2.6.16

2. The Appeal is upheld.

3. Development Consent is granted to Development Application No. 305/15 for the demolition of the existing dwelling and construction of a new three storey detached dwelling including a single integrated garage on the land at 6 Ross Street, Waverton, subject to the conditions annexed hereto and marked “Annexure A”.

…………….

Linda Pearson

Commissioner

158290.16 Pearson (C) (376 KB, pdf)