Wookie Group Pty Limited v Mosman Municipal Council

[2018] NSWLEC 1135

Land and Environment Court

New South Wales

Medium Neutral Citation:	Wookie Group Pty Limited v Mosman Municipal Council [2018] NSWLEC 1135
Hearing dates:	Conciliation conference on 12 and 20 February 2018
Date of orders:	16 March 2018
Decision date:	16 March 2018
Jurisdiction:	Class 1
Before:	Gray C
Decision:	See [5] below
Catchwords:	APPEAL – order issued under former s 121B - conciliation conference - agreement between the parties - orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Wookie Group Pty Limited (Applicant) Mosman Municipal Council (Respondent)
Representation:	Solicitor: Cecilia Rose, Swaab Attorneys (Applicant) Stephen Patterson, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2017/263954
Publication restriction:	No

Judgment

1. COMMISSIONER: In this matter, Wookie Group Pty Ltd appeal against an order issued by Mosman Council pursuant to the former s 121B of the Environmental Planning and Assessment Act 1979. The order states that two business identification signs were erected without development consent and directs Wookie Group to remove the signs.

2. 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”.

3. 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.

4. 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.

5. 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. The Order No. 15 issued by the Respondent on 2 August 2017 is varied as follows:

1. Order 1 is amended to say ""The Buena" signage located on the north eastern side of the building along Middle Head Road, referred to as Sign S9 on architectural drawings titled External Signage Details, Drawing No. I-SN-04, Revision 3 dated 3 August 2016 prepared by Tess Regan design is to be reduced in size by 25% and in accordance with the "Proposed Signage s9" in the Plan titled "Additional External Signage Details" No. I-SN-05 Rev A dated 15 February 2018 prepared by Tess Regan Design."

2. Order 2 is amended to say "The heart shaped signage located on the north eastern side of the Entry Vestibule along Middle Head Road, referred to as sign s5 on architectural drawings titled External Signage Details, Drawing No. I-SN-04 Revision B dated 3 August 2016 prepared by Tess Regan Design is to be removed and replaced with the "Proposed Signage S5" described in the Plan titled "Additional External Signage Details" No. I-SN-05 Rev A dated 15 February 2018 prepared by Tess Regan Design."

3. The period for compliance with the Order is to be amended to 3 September 2018.

……………………….

Commissioner Gray