Renee Williamson-Noble v Willoughby City Council

[2017] NSWLEC 1704

Land and Environment Court

New South Wales

Medium Neutral Citation:	Renee Williamson-Noble v Willoughby City Council [2017] NSWLEC 1704
Hearing dates:	Conciliation conference on 8 December 2017
Date of orders:	08 December 2017
Decision date:	08 December 2017
Jurisdiction:	Class 1
Before:	Martin SC
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Willoughby Local Environmental Plan 2012
Category:	Principal judgment
Parties:	Renee Williamson-Noble (Applicant) Willoughby City Council (Respondent)
Representation:	Solicitors: Mr A Knox, Pikes & Verekers Lawyers (Applicant) Mr K Webber, Wilshire Webb Staunton Beattie Lawyers(Respondent)
File Number(s):	2017/249854
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. The appeal is upheld.

2. The applicant is granted leave to rely upon the amended plans at annexure “A”.

3. The applicant is to pay the respondent’s costs thrown away pursuant to s97b of the Environmental Planning and Assessment Act 1979 in the sum of $1,200.

4. The applicant’s clause 4.6 written request prepared by Chapman Planning Pty Ltd revised December 2017 for variation to the floor space ratio standard pursuant to clause 4.4A of Willoughby Local Environmental Plan 2012 is upheld.

5. Development Application DA 2017/87 for demolition of the existing dwelling house and construction of a new 2 storey dwelling house at 9 The Barbican, Castlecrag is approved subject to the conditions at annexure “B”.

……………………….

Senior Commissioner Martin

Annexure A (9.35 MB, pdf)

Annexure B (C) (310 KB, pdf)