Wyatt v The Council of the City of Sydney

[2018] NSWLEC 1111

Land and Environment Court

New South Wales

Medium Neutral Citation:	Wyatt v The Council of the City of Sydney [2018] NSWLEC 1111
Hearing dates:	Conciliation conference on 26 October and 13 November 2017, 28 February 2018
Date of orders:	06 March 2018
Decision date:	06 March 2018
Jurisdiction:	Class 2
Before:	Maston AC
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:	Neville William Wyatt (First Applicant) Julie Maree Wyatt (Second Applicant) The Council of the City of Sydney (Respondent)
Representation:	Solicitors: Neville Wyatt, Wyatts Lawyers & Advisors (Applicant) Kirsten Morrin, The Council of the City of Sydney (Respondent)
File Number(s):	2017/177164
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 Applicants are granted an exemption under s 22 of the Swimming Pools Act 1992 in the terms of Annexure A.

2. The appeal is upheld.

3. The Applicants are granted a Certificate of Compliance under s 22D of the Swimming Pools Act 1992 in the terms of Annexure B.

……………………….

John Maston

Acting Commissioner

Annexure A (36.6 KB, pdf)

Annexure B (55.5 KB, pdf)