Pettersson v Hunter's Hill Council

[2018] NSWLEC 1104

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Pettersson v Hunter’s Hill Council [2018] NSWLEC 1104
Hearing dates:	Conciliation conference on 30 January 2017
Date of orders:	02 March 2018
Decision date:	02 March 2018
Jurisdiction:	Class 1
Before:	O’Neill 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:	Ratih Agustiningsih Pettersson (Applicant) Hunter’s Hill Council (Respondent)
Representation:	Counsel: Ms A Pearman (Applicant) Mr M Staunton (Respondent) Solicitor: Conomos Legal (Applicant) HWL Ebsworth Lawyers (Respondent)
File Number(s):	2017/254440
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 were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

1. The applicant is granted leave to amend the Development Application and rely upon the plans referred to in Schedule 2 Part A Condition 2 of Annexure A.

2. The appeal is upheld.

3. Development Application 2017/1098 for the demolition of existing structures and construction of a new residential three storey single detached dwelling, garage, swimming pool, landscaping and site works at 23 Ernest Street, Hunters Hill, is approved, subject to the conditions at Annexure A.

4. The applicant is to pay the respondent $20,000.00 within 21 days of the date of these orders in payment of the respondent’s costs thrown away as a result of the applicant amending the Development Application, pursuant to section 97B of the Environmental Planning and Assessment Act 1979.

…………….

Commissioner O’Neill

Annexure A (120 KB, pdf)

Amendments

02 March 2018 - Representation Amended

02 March 2018 - Annexure A updated