Stock v Mosman Council

[2018] NSWLEC 1188

Land and Environment Court

New South Wales

Medium Neutral Citation:	Stock v Mosman Council [2018] NSWLEC 1188
Hearing dates:	Conciliation conference on 20 March 2018
Date of orders:	19 April 2018
Decision date:	19 April 2018
Jurisdiction:	Class 1
Before:	Smithson 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:	Narelle Stock (Applicant) Mosman Council (Respondent)
Representation:	Counsel: Mr M Staunton (Applicant) Solicitors: Mr A Sattler, Sattler & Associates (Applicant) Ms R McCulloch, Pikes & Verekers (Respondent)
File Number(s):	2017/354435
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 amended architectural plans by Connor + Solomon Architects numbered S34 01-16 dated March 2018 and amended landscape plans by Landforms numbered LP.15.2088 – 1 Rev DG dated 14.03.18; LP.15.2088 – 2 Rev dated 13.03.18; D.F; LP.15.2088 – 3 Rev D.F dated 13.03.18 and LP.15.2088 – 4 Rev D.F dated 13.03.18.

2. The appeal is allowed.

3. Development consent is granted to development application No. 8.2017.25.1 for the construction of a residential flat building containing three dwellings, basement car parking, swimming pool, landscaping works and strata subdivision at 1E Kirkoswald Avenue Mosman, subject to the conditions in Annexure A hereto.

4. The applicant shall pay the respondent’s costs thrown away as a result of the amended plans pursuant to s.97B, as agreed or assessed.

……………………………

Commissioner Smithson

354435.17 Annexure A (C)