Sorbello v Hawkesbury City Council

[2018] NSWLEC 1221

Land and Environment Court

New South Wales

Medium Neutral Citation:	Sorbello v Hawkesbury City Council [2018] NSWLEC 1221
Hearing dates:	Conciliation conference on 8 & 9 May 2018
Date of orders:	09 May 2018
Decision date:	09 May 2018
Jurisdiction:	Class 1
Before:	Walsh 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:	Shaun Sorbello (Applicant) Hawkesbury City Council (Respondent)
Representation:	Solicitors: C Gough, Storey & Gough Lawyers (Applicant) A Seton, Marsdens Law Group (Respondent)
File Number(s):	2017/356019
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 Applicant is given leave to amend the development application and rely on the following amended plans and documents:

Drawing Number/Name	Prepared by	Issue No.	Date
Cover Page, Sheet No. 1/5	Lam Design and Drafting	G	09.05.18
Site plan, Sheet No. 2/5	Lam Design and Drafting	G	09.05.18
Ground Floor, Sheet No. 3/5	Lam Design and Drafting	G	09.05.18
Elevations, Sheet No. 4/5	Lam Design and Drafting	G	09.05.18
Cross Sections, Sheet No. 5/5	Lam Design and Drafting	G	09.05.18

2. The Appeal is upheld.

3. Development Application No. DA0018/17 for the construction of a new garage attached to the existing dwelling house and alterations to the existing dwelling house on the land at 28 Fitzroy Lane, Windsor Downs, is approved subject to the conditions in Annexure A.

4. No orders as to costs.

……………………….

Peter Walsh

Commissioner of the Court

Annexure A (51.8 KB, pdf)

Annexure B Plans (903 KB, pdf)

Decision last updated: 10 May 2018