Rosalie Gaitanos v Hunters Hill Council

[2017] NSWLEC 1501

Land and Environment Court

New South Wales

Medium Neutral Citation:	Rosalie Gaitanos v Hunters Hill Council [2017] NSWLEC 1501
Hearing dates:	Conciliation conference on 25 July 2017
Date of orders:	18 September 2017
Decision date:	18 September 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
Category:	Principal judgment
Parties:	Rosalie Gaitanos (Applicant) Hunters Hill Council (Respondent)
Representation:	Solicitors: Mr T Sattler, Sattler & Associates Pty Ltd (Applicant) Mr J Cole, HWL Ebsworth (Respondent)
File Number(s):	2017/65874
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 upon the amended architectural and landscape plans as listed in Annexure “A” - Table to condition of consent No. 2.

2. The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979 in the amount of $5,000.00 within 28 days.

3. The Appeal is upheld.

4. Development consent is granted to Development Application No. DA2016/65874 for demolition of existing dwelling and construction of detached dual occupancies and strata subdivision subject to the conditions of consent annexed hereto and marked “A”.

……………………….

Senior Commissioner Martin

Annexure A (C) (243 KB, pdf)

Attachment A (Sketch) (926 KB, pdf)