Seymour v Mosman Municipal Council [2016] NSWLEC 1355

Land and Environment Court New South Wales

Medium Neutral Citation: Seymour v Mosman Municipal Council [2016] NSWLEC 1355 Hearing dates: Conciliation conference on 12 August 2016 Date of orders: 12 August 2016 Decision date: 12 August 2016 Jurisdiction: Class 1 Before: Dixon 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: Michael Paul Seymour (Applicant) Mosman Municipal Council (Respondent) Representation: Mr P Rigg, Peter R Rigg (Applicant) Ms R McCulloch, Pikes & Verekers Lawyers (Respondent) File Number(s): 2016/205763 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. Consent is granted to development application 8.2015.206.1 subject to the conditions in Annexure A. ……………. Susan Dixon Commissioner 205763.16 - Annexure A (92.9 KB, pdf) 205763.16 - Plans (1.58 MB, pdf)