Paul Edward Mullaly v North Sydney Council

[2017] NSWLEC 1652

Land and Environment Court

New South Wales

Medium Neutral Citation:	Paul Edward Mullaly v NORTH SYDNEY COUNCIL [2017] NSWLEC 1652
Hearing dates:	Conciliation conference on 14 November 2017
Date of orders:	16 November 2017
Decision date:	16 November 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:	PAUL EDWARD MULLALY (Applicant) NORTH SYDNEY COUNCIL (Respondent)
Representation:	Solicitor: Mr G McKee, McKees Legal Solutions (Applicant) Mr M Pearce, North Sydney Council (Respondent)
File Number(s):	2017/206667
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. Leave is granted to the Applicant to rely on the amended plans set out in Condition 1 of Annexure A to this agreement.

2. The appeal is upheld.

3. Development Application No. 67-17 for alterations and additions, including new upper level, conversion of existing sub floor level and a new garage basement level is approved subject to the conditions contained in Annexure “A” hereto.

……………………….

Commissioner Dixon

Annexure A (322 KB, pdf)

Plans (1.12 MB, pdf)