Raad v Hunters Hill Council

[2018] NSWLEC 1064

Land and Environment Court

New South Wales

Medium Neutral Citation:	Raad v Hunters Hill Council [2018] NSWLEC 1064
Hearing dates:	Conciliation conference on 19 December 2017, 5 & 14 February 2018
Date of orders:	15 February 2018
Decision date:	15 February 2018
Jurisdiction:	Class 1
Before:	Gray C
Decision:	See (4) below
Catchwords:	MODIFICATION APPLICATION – balcony and roof - conciliation conference - agreement between the parties - orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Milad Sarkis Raad (Applicant) Hunters Hill Council (Respondent)
Representation:	Solicitors: Mr S Kondilios, Hall & Wilcox (Applicant) Mr J Cole, HWL Ebsworth (Respondent)
File Number(s):	2017/244578
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 for the Applicant to rely on the amended plans listed in paragraph 1 of the conditions set out in Annexure A, being the plans prepared by Michael Raad Architects Pty Limited dated 12 February 2018 and identified as:

1. DA-101-C1-A - Site Plan

2. DA-103-C1-A - Site Plan - Showing hard and soft landscaping areas refer to attached landscape drawings for details

3. DA-104-C1-A - Floor Plans

4. DA-106-C1-A - Elevations

5. DA-109-C1-A - Details

6. DA-120-C1-A - Roof Plan

7. DA-206-C1-A - Sections

2. Leave is granted for the Applicant to rely on the amended landscape plan listed in paragraph 1 of the conditions set out in Annexure A, being the landscape plan prepared by Conzept Landscape Architects dated 13 February 2018 and identified as:

1. Site Plan

2. LPS34 18 - 186 / 1 (Rev C) - Landscape Plan

3. The appeal is upheld and application 2016-1036-1, being a modification to the approved Development Consent no. 2016-1036, for minor amendments to the approved balcony and pergola roof at 61-63 Huntleys Point Road, Huntleys Point, NSW, 2111, is approved, subject to the conditions set out in Annexure A.

……………………….

Commissioner Gray

Annexure A (C) (49.0 KB, pdf)

Annexure B (4.44 MB, pdf)