William Wavish v North Sydney Council

[2017] NSWLEC 1638

Land and Environment Court

New South Wales

Medium Neutral Citation:	William Wavish v North Sydney Council [2017] NSWLEC 1638
Hearing dates:	Conciliation conference on 10 November 2017
Date of orders:	10 November 2017
Decision date:	10 November 2017
Jurisdiction:	Class 1
Before:	Dixon 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:	William Wavish (Applicant) North Sydney Council (Respondent)
Representation:	Solicitor: Mr A Knox, Pikes & Verekers Lawyers (Applicant) Mr M Pearce, North Sydney Council (Respondent)
File Number(s):	2017/195867
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. The applicant is granted leave to rely upon the amended plans appended hereto and marked with the letter “A”.

2. The appeal is upheld.

3. Development application DA 131/17 for a new carport over the existing concrete driveway at 3 Baden Road, Kurraba Point being Lot 3 in Deposited Plan 122378, is approved subject to the conditions appended hereto and marked with the letter “B”.

……………………….

Commissioner Dixon

Amended Plans - Annexure A.PDF (556 KB, pdf)

Annexure B (208 KB, pdf)