Mick Wykrota v Willoughby City Council [2016] NSWLEC 1211

Land and Environment Court New South Wales

Medium Neutral Citation: Mick Wykrota v Willoughby City Council [2016] NSWLEC 1211 Hearing dates: Conciliation conference on 25 May 2016 Date of orders: 31 May 2016 Decision date: 31 May 2016 Jurisdiction: Class 1 Before: Maston AC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Mick Wykrota (Applicant) Willoughby City Council (Respondent) Representation: Mr M Wykrota (Applicant in person) Ms K Gerathy, HWL Ebsworth Lawyers (Respondent) File Number(s): 152712/2016 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 are: 1. The Court grants leave to rely on the Plan No. 08B prepared by Mr M. Weyland and dated 22 April 2016. 1. The Court grants leave to rely on Plan No.09C dated March 2016 prepared by Mr M Weyland (limited to the front yard and car parking area to the limits shown on the attached plan). 2. The Court notes that leave has already been granted to plans numbered 437/01A to 011A by Archi J Designs dated December 2015 (1:200). 3. To the extent of any inconsistency the plan No. 08B and 09C (to the limits shown on the attached plan) takes precedence over all other plans. 4. The appeal is upheld. 5. Modification application DA 2012/406/A to modify the approval No. DA-2012/406 to include internal alterations and additions, new windows, changes to roof and associated works at Lot 28 Section 1 DP 2639 at 16 Tulloh Street, Willoughby is approved in accordance with the modifications and plans as set out at Annexure A. 6. As a consequence of order (6), Development Consent 2012/406/A is now subject to the consolidated, modified conditions of consent set out in Annexure B. ……………. Acting Commissioner Maston 152712.16 Maston_Annexure A (138 KB, pdf) 152712.16 Maston_Annexure B (195 KB, pdf) 152712.16 Maston_Plans (861 KB, pdf) 152712.16 Maston_DAmbrosio Consulting (232 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: 01 June 2016