Mick Wykrota v Willoughby City Council [2016] NSWLEC 1262

Land and Environment Court New South Wales

Medium Neutral Citation: Mick Wykrota v Willoughby City Council [2016] NSWLEC 1262 Hearing dates: Conciliation conference on 21 June 2016 Date of orders: 24 June 2016 Decision date: 24 June 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 1) Francine Anne Walter (Applicant 2) Willoughby City Council (Respondent) Representation: Mr M Wykrota (First Applicant-in-Person) Mr T Messenger, HWL Ebsworth Lawyers (Respondent) File Number(s): 152692/2016 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 under s34(3) of the Land and Environment Court Act 1979 are: 1. The appeal is upheld. 1. Pursuant to its powers under section 121ZK(4) of the Environmental Planning and Assessment Act 1979, the Court substitutes the Stop Work Order No. 19 issued by Willoughby City Council (No.2804) dated 18 August 2015 with the Order No.2 & Order No.12 attached at Annexure A. ……………. Acting Commissioner Maston 152692.16 Maston_Annexure A (198 KB, pdf) 152692.16 Maston_Plan (1.21 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: 24 June 2016