Eggleton v Woollahra Municipal Council [2016] NSWLEC 1205

Land and Environment Court New South Wales

Medium Neutral Citation: Eggleton v Woollahra Municipal Council [2016] NSWLEC 1205 Hearing dates: Conciliation conference on 30 May 2016 Date of orders: 30 May 2016 Decision date: 30 May 2016 Jurisdiction: Class 1 Before: Fakes C Decision: See (4) below Catchwords: MODIFICATION APPLICATION; residential; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Mark Eggleton (Applicant) Woollahra Municipal Council (Respondent) Representation: Applicant: Mr A Perkins (Solicitor) Respondent: Mr K Webber (Solicitor)

Solicitors: Applicant: Project Lawyers Respondent: Wiltshire Webb Staunton Beattie Lawyers File Number(s): 2016/ 152921 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 rely on the amended plans, which are the plans referred to in conditions 1 of the consolidated conditions of consent annexed at "B". 2. The appeal is upheld. 3. Modification Application DA 405/2014/2 for alterations to an existing terrace house including the addition of a new dormer window and attic, general floor plan revision and a boundary adjustment at Lot 3 DP 207136 being 7 Stephen Street, Paddington is determined by approving the modifications as set out by the conditions annexed at "A". 4. As a consequence of order (2), Development Consent No 405/2014 is now subject to the consolidated, modified conditions of consent annexed at "B". ___________________________ Judy Fakes Commissioner of the Court 152921.16 Annexure A Modifications to Conditions of Consent (252 KB, pdf) 152921.16 Annexure B Consolidated Conditions of Consent (515 KB, pdf)