Zubani v Mosman Council

[2016] NSWLEC 1341

Land and Environment Court

New South Wales

Medium Neutral Citation:	Zubani v Mosman Council & anor [2016] NSWLEC 1341
Hearing dates:	Conciliation conference on 20 July 2016
Decision date:	15 August 2016
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:	David Zubani (Applicant) Mosman Council (First Respondent) Michael and Lucy Messara (Second Respondent) John and Christina Stephen (Third Respondent)
Representation:	Counsel: Mr J.A. Moody solicitor (Applicant) Ms R. McCulloch solicitor (First Respondent) Mr P. Clay SC (Second Respondent) Ms C. Morton solicitor (Third Respondent)   Solicitors: Hones Lawyers (Applicant) Pikes & Verekers Lawyers (First Respondent) Sparke Helmore (Third Respondent)
File Number(s):	2016/00154069
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, 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 to the Applicant to rely on the following amended plans:

Drawing Nos.	Date of drawing	Prepared by
14.01 Site Plan Sheet 1 of 10 Issue E	5 August 2016	Hart Design
14.01 Basement Floor Plan Sheet 6 of 10 Issue E	5 August 2016	Hart Design
14.01 Ground Floor Plan Sheet 5 of 10 Issue E	5 August 2016	Hart Design
14.01 First Floor Plan Sheet 4 of 10 Issue E	5 August 2016	Hart Design
14.01 South East & South West Elevations Sheet 2 of 10 Issue E	5 August 2016	Hart Design
14.01 North East & North West Elevations Sheet 3 of 10 Issue E	5 August 2016	Hart Design
14.01 Section AA Sheet 7 of 10 Issue E	5 August 2016	Hart Design
Section BB Sheet 8 of 10 Issue E	5 August 2016	Hart Design
14.01 Roof Plan Sheet 9 of 10 Issue E	5 August 2016	Hart Design
14.01 Site Area Calculations Sheet 10 of 10 Issue E	5 August 2016	Hart Design
L001 Landscape Plan Revision E	1 July 2016	Peta Gilliland Landscape Design

2. The Applicant shall pay the First Respondent’s costs pursuant to s.97B Environmental Planning and Assessment Act 1979, as agreed or assessed.

3. The appeal is upheld.

4. Consent is granted to development application No. 8.2015.12.1 subject to the conditions in Annexure A.

…………….

Susan O’Neill

Commissioner

154069.16 - Annexure A (86.8 KB, pdf)

Decision last updated: 17 August 2016