Yialas v Waverley Council

[2018] NSWLEC 1219

Land and Environment Court

New South Wales

Medium Neutral Citation:	Yialas v Waverley Council [2018] NSWLEC 1219
Hearing dates:	Conciliation conference on 5 April 2018
Date of orders:	08 May 2018
Decision date:	08 May 2018
Jurisdiction:	Class 1
Before:	Bish 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:	Peter Yialas (Applicant) Waverley Council (Respondent)
Representation:	Solicitors: S Kondilios, Hall & Wilcox (Applicant) S Patterson, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2017/325219
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. Leave is granted for the Applicant to rely on the amended plans listed in paragraph 1 of the conditions set out in Annexure A, being the plans prepared by BKA Architecture dated 9 April 2018 and identified as:

1. DA 000 - Cover Page (Rev B)

2. DA 001 - Site Analysis/ Site Plan (Rev B)

3. DA 100 - Basement Plan (Rev B)

4. DA 101 - Ground Floor Plan (Rev B)

5. DA 102 - Level 1 Plan (Rev B)

6. DA 104 - Roof Plan (Rev B)

7. DA 200 - East & West Elevations (Rev B)

8. DA 201 - South Elevation (Rev B)

9. DA 202 - North Elevation (Rev B)

10. DA 300 - Section AA (Rev B)

11. DA 301 - Section BB (Rev B)

12. DA 850 - Area Calculations (Rev B)

13. DA 900 - Material Board (Rev B)

2. Leave is granted for the Applicant to rely on the reports listed in paragraph 1 of the conditions set out in Annexure A, being the reports identified as:

1. Structural Statement for the Proposed Garage Extension Excavation prepared by Lewis Dunnings Pty Ltd dated 13 April 2018; and

2. Letter prepared by STS GeoEnvironmental dated 13 April 2018.

3. The appeal is upheld.

4. Development Application DA-374/2017, for dwelling alterations and additions to existing dwelling at 166 Hastings Parade North Bondi, NSW 2026, is approved, subject to the conditions set out in Annexure A.

……………………….

Sarah Bish

Commissioner of the Court

Annexure A (140 KB, pdf)

Annexure B Plans (6.18 MB, pdf)