Vincent Wong v Woollahra Municipal Council

[2016] NSWLEC 1422

Land and Environment Court

New South Wales

Medium Neutral Citation:	Vincent Wong v Woollahra Municipal Council [2016] NSWLEC 1422
Hearing dates:	Conciliation conference on 8, 25 August & 1, 7 September 2016
Date of orders:	19 September 2016
Decision date:	19 September 2016
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:	VINCENT WONG (Applicant) WOOLLAHRA MUNICIPAL COUNCIL (Respondent)
Representation:	Mr V Wong (Applicant In Person) Mr K Webber, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2016/153193
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. Leave is granted to rely on the amended plans, which are the plans referred to in condition A6 of the conditions annexed at “A” to this agreement.

2. The appeal is upheld.

3. Section 96 Modification Application DA 344/2013/2 for the modification of the existing façade (street elevation) internal modifications including a new store room and changes to the approved rear addition including landscaping at 36 Hopewell Street, Paddington is approved subject to the conditions annexed to this Agreement at “A”.

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Commissioner Chilcott

153193.16 Chilcott (C) (577 KB, pdf)

153193.16 Chilcott - Plans (5.32 MB, pdf)