Frelingos v Hunters Hill Council [2016] NSWLEC 1270

Land and Environment Court New South Wales

Medium Neutral Citation: Frelingos v Hunters Hill Council [2016] NSWLEC 1270 Hearing dates: Conciliation conference on 26 April, 25 May, 7 June 2016 Date of orders: 24 June 2016 Decision date: 24 June 2016 Jurisdiction: Class 1 Before: Pearson C Decision: See (4) below Catchwords: DEVELOPMENT MODIFICATION: Café and outdoor seating; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Angelo Frelingos (Applicant) Hunters Hill Council (Respondent) Representation: Counsel: M Staunton (Respondent)

Solicitors: A Frelingos, Applicant in person J Cole, HWL Ebsworth Lawyers (Respondent) File Number(s): 2016/152877 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 Applicant is granted leave to amend Section 96 Application DA2013-1145-1 for a café and outdoor seating at Shop 7, 52-56 Gladesville Road, Hunters Hill in accordance with the plan Annexure "A"; 2. The appeal is upheld; and 3. Section 96 Application DA2013-1145-1 for a café and outdoor seating at Shop 7, 52-56 Gladesville Road, Hunters Hill is approved subject to the conditions in Annexure "B". The Court notes that immediately upon the making of Orders as outlined in paragraph C of the Agreement between the Parties, the applicant is to sign and execute the Outdoor Eating Licence Agreement in the form consistent with Annexure "C". ……………. Linda Pearson Commissioner 152877.16 - Annexure A - Plan (349 KB, pdf) 152877.16 - Annexure B (78.4 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: 28 June 2016