Bateman v North Sydney Council [2023] NSWLEC 1152

Land and Environment Court New South Wales

Medium Neutral Citation: Bateman v North Sydney Council [2023] NSWLEC 1152 Hearing dates: Conciliation conference held on 24 March 2023 Date of orders: 04 April 2023 Decision date: 04 April 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 121/2022 for the demolition of the detached garage and construction of a new detached studio outbuilding and associated works, at 31 Wycombe Road, Kurraba Point, is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to an existing dwelling – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 North Sydney Local Environmental Plan 2013, cl 5.10, Sch 5 Category: Principal judgment Parties: Thomas Henry Carwardine Bateman (First Applicant) Fiona Lucy Milbourne Bateman (Second Applicant) North Sydney Council (Respondent) Representation: Counsel: N Nadj (Solicitor) (Applicant) K Law (Solicitor) (Respondent)

Solicitors: Bick & Steele (Applicant) Matthews Folbigg (Respondent) File Number(s): 2022/346270 Publication restriction: Nil

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against a number of conditions of consent imposed on Development Consent No. 121/2022 for the demolition of the detached garage and construction of a new detached studio outbuilding and associated works (the proposal), at 31 Wycombe Road, Kurraba Point (the site), by North Sydney Council (the Council). 2. The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 24 March 2023. I presided over the conciliation conference. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. 3. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application. 4. There are preconditions to the exercise of power to grant development consent for the proposal.