Sam Busbridge v North Sydney Council

[2017] NSWLEC 1210

Land and Environment Court

New South Wales

Medium Neutral Citation:	SAM BUSBRIDGE v NORTH SYDNEY COUNCIL [2017] NSWLEC 1210
Hearing dates:	21 April 2017
Date of orders:	21 April 2017
Decision date:	21 April 2017
Jurisdiction:	Class 1
Before:	Chilcott 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:	Sam Busbridge (Applicant) North Sydney Council(Respondent)
Representation:	G McKee, McKees Legal Solutions (Applicant) M. Pearce, North Sydney Council (Respondent)
File Number(s):	2017/45506
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 A1 of Annexure "A". The parties agree that the amendments are minor for the purposes of section 97B of the Environmental Planning and Assessment Act 1979 (NSW)

2. The appeal is upheld.

3. Development Application No. 282/2016 for alterations and additions to existing dwelling, including new pool, an open car stand within the front setback and landscape works is approved subject to the conditions contained in Annexure "A" hereto.

4. The s34AA Conciliation Conference / Hearings dates of 6 & 7 June 2017 are vacated

…………….

Michael Chilcott

Commissioner of the Court

45506.17 Annexure A (C) (151 KB, pdf)