Josie Demlakian v Mosman Municipal Council [2016] NSWLEC 1439

Land and Environment Court New South Wales

Medium Neutral Citation: Josie Demlakian v Mosman Municipal Council [2016] NSWLEC 1439 Hearing dates: Conciliation conference on 4, 5 August and 2 September 2016 Date of orders: 23 September 2016 Decision date: 23 September 2016 Jurisdiction: Class 1 Before: Morris 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: Josie Demlakian (Applicant) Mosman Council (Respondent) Representation: Counsel: Mr N Eastman (Applicant) Solicitors: Mr J Theodoropoulos, Konstan Lawyers (Applicant) Ms J Walsh, Pikes Lawyers (Respondent) File Number(s): 2016/152580 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. Modification Application No 8.2012.221.2 to modify Development Consent No 8.2012.221.1 for the demolition of existing structures and the erection of a two storey dwelling house with detached garages and landscaping works at 60 Moruben Road Mosman is determined by approving the modifications as set out in Annexure A. 3. As a consequence of order (2), Development Consent No 8.2012.221.1 is now subject to the consolidated, modified conditions of development consent set out in Annexure B. ……………. Commissioner Morris 152580.16 Morris (C) Annexure A (112 KB, pdf) 152580.16 Morris (C) Annexure B (261 KB, pdf) 152580.16 Morris (C) Plans (126 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: 26 September 2016