Caristo v Georges River Council [2016] NSWLEC 1292

Land and Environment Court New South Wales

Medium Neutral Citation: Caristo v Georges River Council [2016] NSWLEC 1292 Hearing dates: Conciliation conference on 14 July 2016 Date of orders: 15 July 2016 Decision date: 15 July 2016 Jurisdiction: Class 1 Before: Fakes C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION; Residential development; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Vincent Caristo (Applicant) Georges River Council (Respondent) Representation: Applicant: Mr V Conomos (Solicitor) Respondent: Ms J Ware (Solicitor)

Solicitors: Applicant: Conomos Legal Respondent: Georges River Council File Number(s): 155845 of 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. 2. Development Consent is granted to DA2015/0404 for the proposed demolition of existing structures and construction of a new two storey dwelling with in-ground swimming pool and cabana to the rear at 102 Gungah Bay Road, Oatley subject to the conditions of consent as set out in Annexure 'A'. 3. A copy of the plans referred to in Condition 1 of Annexure 'A' are exhibited at Annexure 'B'. _______________________ Judy Fakes Commissioner of the Court 155845.16 Annexure A Conditions (105 KB, pdf) 155845.16 Annexure B Plans (3.49 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 July 2016