Whiteway House (No. 348) Pty Ltd v Waverley Council [2016] NSWLEC 1089

Land and Environment Court New South Wales

Medium Neutral Citation: Whiteway House (No. 348) Pty Ltd v Waverley Council [2016] NSWLEC 1089 Hearing dates: Conciliation conference Date of orders: 09 March 2016 Decision date: 09 March 2016 Jurisdiction: Class 1 Before: Tuor C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Whiteway House (No. 348) Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel Mr M Staunton (Respondent)

Solicitors Mr G Green & Ms R McCulloch, Pikes & Verekers Lawyers (Applicant) Mr S Patterson & Ms J Ling, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 10464 of 2015 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 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. …………………….. Annelise Tuor Commissioner 10464 of 2015 Tuor (09.03.16) (s34O) (70.2 KB, pdf) 10464 of 2015 Tuor (C) (336 KB, pdf) 10464 of 2015 Tuor_1_Massing Envelope - 63 Fletcher Street, Tamarama - MHNDU (1.14 MB, pdf) 10464 of 2015 Tuor_2_Notification Plan - 63 Fletcher Street, Tamarama - MHNDU (1.48 MB, pdf) 10464 of 2015 Tuor_3_Floor Plans - 63 Fletcher Street, Tamarama - MHNDU (1.16 MB, pdf) 10464 of 2015 Tuor_4_Floor Plans - 63 Fletcher Street, Tamarama - MHNDU (1.72 MB, pdf) 10464 of 2015 Tuor_5_Floor Plans - 63 Fletcher Street, Tamarama - MHNDU (923 KB, pdf) 10464 of 2015 Tuor_6_Floor Plans - 63 Fletcher Street, Tamarama - MHNDU (831 KB, pdf) 10464 of 2015 Tuor_7_Floor Plans - 63 Fletcher Street, Tamarama - MHNDU (984 KB, pdf) 10464 of 2015 Tuor_8_Floor Plans - 63 Fletcher Street, Tamarama - MHNDU (799 KB, pdf) 10464 of 2015 Tuor_9_Elevations - 63 Fletcher Street, Tamarama - MHNDU (619 KB, pdf) 10464 of 2015 Tuor_10_Elevations - 63 Fletcher Street, Tamarama - MHNDU (827 KB, pdf) 10464 of 2015 Tuor_11_Elevations - 63 Fletcher Street, Tamarama - MHNDU (974 KB, pdf) 10464 of 2015 Tuor_12_Elevations - 63 Fletcher Street, Tamarama - MHNDU (768 KB, pdf) 10464 of 2015 Tuor_13_Sections - 63 Fletcher Street, Tamarama - MHNDU (469 KB, pdf) 10464 of 2015 Tuor_14_Sections - 63 Fletcher Street, Tamarama - MHNDU (1.31 MB, pdf) 10464 of 2015 Tuor_15_GFA Proposal - 63 Fletcher Street, Tamarama - MHNDU (333 KB, pdf) 10464 of 2015 Tuor_16_GFA Existing - 63 Fletcher Street, Tamarama - MHNDU (786 KB, pdf) 10464 of 2015 Tuor_17_SEPP Diagrams - 63 Fletcher Street, Tamarama - MHNDU (561 KB, pdf) 10464 of 2015 Tuor_18_Photomontage - 63 Fletcher Street, Tamarama - MHNDU (433 KB, pdf) 10464 of 2015 Tuor_19_Views from the Sun - 63 Fletcher Street, Tamarama - MHNDU (1.37 MB, pdf) 10464 of 2015 Tuor_20_Views from the Sun - 63 Fletcher Street, Tamarama - MHNDU (1.20 MB, pdf) 10464 of 2015 Tuor_21_Landscape Plans - 63 Fletcher Street, Tamarama - MHNDU (435 KB, pdf) 10464 of 2015 Tuor_22_Landscape Plans - 63 Fletcher Street, Tamarama - MHNDU (115 KB, pdf) 10464 of 2015 Tuor_23_Landscape Plans - 63 Fletcher Street, Tamarama - MHNDU (1.52 MB, pdf) 10464 of 2015 Tuor_160205 - REV E - COUNCIL - COMBINED (18.8 MB, 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: 15 March 2016