Baker v Mosman Municipal Council [2016] NSWLEC 1466

Land and Environment Court New South Wales

Medium Neutral Citation: Baker v Mosman Municipal Council [2016] NSWLEC 1466 Hearing dates: Conciliation conference on 7 October 2016 Date of orders: 07 October 2016 Decision date: 07 October 2016 Jurisdiction: Class 1 Before: Tuor 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: Greg Baker (Applicant)

Mosman Municipal Council (Respondent) Representation: Solicitors: Mr D Tyrrell, McKees Legal Solutions (Applicant)

Ms J Walsh, Pikes & Verekers Lawyers (Respondent) File Number(s): 2016/196977 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: Upon satisfaction by the applicant of condition 86 of development consent 8.2010.70.1 (as modified on 29 September 2016), the respondent will: 1. Revoke Order 2 issued by the respondent to Mr G Baker and Ms J Baker on 1 June 2016 (being the Order the subject of this appeal) 2. Subject to a satisfactory inspection, issue a Building Certificate in respect of the application for Building Certificate lodged by Ms J Baker with the respondent on 26 July 2016. ……………………… Commissioner Tuor 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: 10 October 2016