Uther v Woollahra Municipal Council

[2018] NSWLEC 1434

Land and Environment Court

New South Wales

Medium Neutral Citation:	Uther v Woollahra Municipal Council [2018] NSWLEC 1434
Hearing dates:	Conciliation conference on 17 August 2018
Date of orders:	17 August 2018
Decision date:	17 August 2018
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:	Sarah S. Uther (Applicant) Woollahra Municipal Council (Respondent)
Representation:	Solicitors: C Gough, Storey & Gough Lawyers (Applicant) M Hanna, Wilshre Webb Staunton Beattie (Respondent)
File Number(s):	2018/129713
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 s 34(3) of the Court Act are:

1. The Applicant is granted leave to amend the modification application, the subject of these proceedings, by substituting the following plans as the plans relied upon for the purpose of the modification application:

Reference	Description	Author/Drawn	Date(s)
DA01_1.07-02 DA01_1.09-01 DA01_1.10-02 DA01 _2.02-02 DA01_3.02-02 DA01_3.03-02	Site Plan First Floor Plan Attic Plan North Elevations Section A-A Section B-B	Howe Architects Pty Ltd	20/07/2018

2. The appeal is upheld.

3. Modification Application No. 180/2016/3 to modify Development Consent No. 180/2016 for alterations and additions including additional floor area to the rear and first floor floors, attic conversion and a new garage with a roof garden above at 39 Glenview Street, Paddington is approved subject to the conditions set out in Annexures "A" and “B”.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (71.9 KB, pdf)

Annexure B (569 KB, pdf)

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