Vinci v Ku-ring-gai Council

[2017] NSWLEC 1280

Land and Environment Court

New South Wales

Medium Neutral Citation:	Vinci v Ku-ring-gai Council [2017] NSWLEC 1280
Hearing dates:	Conciliation conference on 1 June 2017
Date of orders:	02 June 2017
Decision date:	02 June 2017
Jurisdiction:	Class 1
Before:	O’Neill C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979
Category:	Principal judgment
Parties:	Bernadette Annette Vinci (Applicant) Ku-ring-gai Council (Respondent)
Representation:	Counsel: Mr C Gough solicitor.(Applicant) Ms C. Morton solicitor (Respondent)   Solicitors: Storey & Gough Lawyers (Applicant) Sparke Helmore Lawyers (Respondent)
File Number(s):	2017/38771

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 were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

1. The appeal is upheld.

2. Development Application No. DA0561/16 for the demolition of an existing dwelling and the construction of a new two storey dwelling containing four bedrooms and a double garage, swimming pool and associated landscaping, retaining walls and cabana within a heritage conservation area at 9 Burns Road, Wahroonga, is approved, subject to the conditions in Annexure A.

3. The Applicant is to pay costs, pursuant to s 97B of the Environmental Planning and Assessment Act 1979, in the sum of one dollar ($1).

…………….

Commissioner O’Neill

38771.17 O'Neill (C) (488 KB, pdf)