Howe Architects Pty Ltd v Woollahra Municipal Council [2016] NSWLEC 1040

Land and Environment Court New South Wales

Medium Neutral Citation: Howe Architects Pty Ltd v Woollahra Municipal Council [2016] NSWLEC 1040 Hearing dates: Conciliation conference on 20 January 2016 Date of orders: 04 February 2016 Decision date: 04 February 2016 Jurisdiction: Class 1 Before: Pearson C Decision: See (4) below Catchwords: DEVELOPMENT MODIFICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Howe Architects Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: Ms N Hammond (Applicant)

Solicitors: Mr C Campbell, Lindsay Taylor Lawyers (Respondent) File Number(s): 10969 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. ……………. Linda Pearson Commissioner 10969 of 2015 4_2_2016 (O) (11.4 KB, pdf) 10969 of 2015 Pearson_Annexure A (82.7 KB, pdf) 10969 of 2015 Pearson_Annexure B (523 KB, pdf) 10969 of 2015 Pearson_DA_1-11_Rev04_Proposed Roof Plan (449 KB, pdf) 10969 of 2015 Pearson_DA_1-12_Rev04_Proposed Site Plan (137 KB, pdf) 10969 of 2015 Pearson_DA_2-02_Rev05_Proposed South Elevation (109 KB, pdf) 10969 of 2015 Pearson_DA_2-04_Rev05_Proposed East Elevations (89.7 KB, pdf) 10969 of 2015 Pearson_DA_2-05_Rev04_Proposed West Elevation (77.0 KB, pdf) 10969 of 2015 Pearson_DA_3-02_Rev02_Section A-A (114 KB, pdf) 10969 of 2015 Pearson_DA_3-03_Rev02_Section B-B (99.9 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: 09 February 2016