Land and Environment Court New South Wales Medium Neutral Citation: Zubani v Mosman Council & anor [2016] NSWLEC 1341 Hearing dates: Conciliation conference on 20 July 2016 Decision date: 15 August 2016 Jurisdiction: Class 1 Before: O'Neill C 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: David Zubani (Applicant) Mosman Council (First Respondent) Michael and Lucy Messara (Second Respondent) John and Christina Stephen (Third Respondent) Representation: Counsel: Mr J.A. Moody solicitor (Applicant) Ms R. McCulloch solicitor (First Respondent) Mr P. Clay SC (Second Respondent) Ms C. Morton solicitor (Third Respondent) Solicitors: Hones Lawyers (Applicant) Pikes & Verekers Lawyers (First Respondent) Sparke Helmore (Third Respondent) File Number(s): 2016/00154069 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 the Applicant to rely on the following amended plans: Drawing Nos. Date of drawing Prepared by 14.01 Site Plan 5 August 2016 Hart Design Sheet 1 of 10 Issue E 14.01 Basement Floor Plan Sheet 6 of 10 Issue E 5 August 2016 Hart Design 14.01 Ground Floor Plan Sheet 5 of 10 Issue E 5 August 2016 Hart Design 14.01 First Floor Plan 5 August 2016 Hart Design Sheet 4 of 10 Issue E 14.01 South East & South West Elevations 5 August 2016 Hart Design Sheet 2 of 10 Issue E 14.01 North East & North West Elevations 5 August 2016 Hart Design Sheet 3 of 10 Issue E 14.01 Section AA 5 August 2016 Hart Design Sheet 7 of 10 Issue E Section BB 5 August 2016 Hart Design Sheet 8 of 10 Issue E 14.01 Roof Plan 5 August 2016 Hart Design Sheet 9 of 10 Issue E 14.01 Site Area Calculations 5 August 2016 Hart Design Sheet 10 of 10 Issue E L001 Landscape Plan Revision E 1 July 2016 Peta Gilliland Landscape Design 1. The Applicant shall pay the First Respondent's costs pursuant to s.97B Environmental Planning and Assessment Act 1979, as agreed or assessed. 2. The appeal is upheld. 3. Consent is granted to development application No. 8.2015.12.1 subject to the conditions in Annexure A. ……………. Susan O'Neill Commissioner 154069.16 - Annexure A (86.8 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: 17 August 2016