Yang v North Sydney Council

[2017] NSWLEC 1378

Land and Environment Court

New South Wales

Medium Neutral Citation:	Yang and Anor v North Sydney Council [2017] NSWLEC 1378
Hearing dates:	Conciliation conference on 17 July 2017
Date of orders:	18 July 2017
Decision date:	18 July 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
Category:	Principal judgment
Parties:	Zhenyi Yang and Menging Hu (Applicant) North Sydney Council (Respondent)
Representation:	Counsel: Dr S. Berveling barrister (Applicant) Mr S. Schneider solicitor (Respondent)   Solicitors: Hartley Solicitors.(Applicant) North Sydney Council (Respondent)
File Number(s):	2017/97603

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 under s34(3) of the Land and Environment Court Act 1979 are:

1. Appeal upheld.

2. Development Application No DA10.2016/175 for the demolition of existing residential dwelling and construction of a two-storey residential dwelling at 65 Shellcove Road, Kurraba Point is approved, subject to conditions in Annexure A.

3. The applicant is to pay the respondent’s costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the amount of $2,000.00 payable within 14 days of this order.

…………….

Commissioner O’Neill

97603.17 O'Neill (C) (890 KB, pdf)

97603.17 O'Neill - Plans (687 KB, pdf)