Wilton v Mosman Municipal Council

[2018] NSWLEC 1133

Land and Environment Court

New South Wales

Medium Neutral Citation:	Wilton v Mosman Municipal Council [2018] NSWLEC 1133
Hearing dates:	Conciliation conference on 9 March 2018
Date of orders:	14 March 2018
Decision date:	14 March 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:	Noel Wilton (Applicant) Mosman Municipal Council (Respondent)
Representation:	Solicitors: Graham McKee, McKees Legal Solutions (Applicant) Roslyn McCulloch, Pikes & Verekers Lawyers (Respondent)
File Number(s):	2017/299277
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 appeal is upheld.

2. Approval is given to the modification of the development consent 8.2016.192.1 granted by Mosman Council on 17 May 2017 for alterations and additions to the existing comprising rear addition, new balconies, internal changes, garage extension and landscaping works at 12 Beauty Point Road Mosman, in accordance with the conditions in Annexure A hereto.

3. As a consequence of order (2), the development consent 8.2016.192.1 granted by granted by Mosman Council on 17 May 2017 is now subject to the consolidated, modified conditions of development consent set out in Annexure B hereto.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (18.1 KB, pdf)

Annexure B (86.8 KB, pdf)