Usher v Pittwater Council [2015] NSWLEC 1539

Land and Environment Court New South Wales

Medium Neutral Citation: Usher v Pittwater Council [2015] NSWLEC 1539 Hearing dates: Conciliation conference on 15 December 2015 Date of orders: 22 December 2015 Decision date: 22 December 2015 Jurisdiction: Class 1 Before: Fakes C Decision: See (4) below Catchwords: MODIFICATION APPLICATION: conditions of consent; building envelope; landscaping; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Ian Charles Usher (Applicant) Pittwater Council (Respondent) Representation: Counsel: Mr R O'Gorman-Hughes (Applicant) Ms M Carpenter (Respondent)

Solicitors: HWL Ebsworth Lawyers (Applicant) King & Wood Mallesons (Respondent) File Number(s): 10852 of 2015

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 were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders. ……………. Judy Fakes Commissioner 10852 of 2015 s34AA Order (7.11 KB, pdf) 10852 of 2015 Conditions (76.6 KB, pdf) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 22 December 2015