Tadros v Woollahra Municipal Council

[2016] NSWLEC 1285

Land and Environment Court

New South Wales

Medium Neutral Citation:	Tadros & anor v Woollahra Municipal Council [2016] NSWLEC 1285
Hearing dates:	Conciliation conference on 5 July 2016
Date of orders:	07 July 2016
Decision date:	07 July 2016
Jurisdiction:	Class 1
Before:	Tuor 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:	Emad Tadros (First Applicant) Mohanad Mursi (Second Applicant) Woollahra Municipal Council (Respondent)
Representation:	Solicitors: Mr D Loether of Bartier Perry (Applicant) Mr S Patterson of Wilshire Webb Staunton Beattie Lawyers (Respondent)
File Number(s):	150749 of 2016
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, 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 granted leave to rely upon the amended plans referred to in condition A.3 in Annexure “A.”

2. The appeal is upheld.

3. Development Application No. DA 655/2015 which was lodged with the Respondent on 23 December 2015 for alterations and additions to convert an existing dwelling into a dual occupancy development at 135 Hopetoun Avenue, Vaucluse is approved subject to the conditions contained in annexure “A”.

…………….

Annelise Tuor

Commissioner

150749.16 Annexure A (370 KB, pdf)

Decision last updated: 11 July 2016