Balderstone v Woollahra Council [2016] NSWLEC 1542

Land and Environment Court New South Wales

Medium Neutral Citation: Balderstone v Woollahra Council [2016] NSWLEC 1542 Hearing dates: Conciliation conference on 14 November 2016 Date of orders: 16 November 2016 Decision date: 16 November 2016 Jurisdiction: Class 1 Before: O'Neill C Decision: See (4) below Catchwords: MODIFICATION APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Deborah Balderstone (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: Mr C. Gough solicitor.(Applicant) Ms J. Hewitt solicitor (Respondent)

Solicitors: Storey & Gough Lawyers (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 2016/249854

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 were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders. 1. The Applicant is given leave to amend the appeal from a deemed refusal appeal to an appeal against conditions of consent as set out in Annexure "A". 2. The Applicant is given leave to amend the modification application by substituting the following plans as the plans relied upon for the purpose of the development application: Architectural plans A01-A06, A08-A16 and A18-A21 dated 25 October 2016 by The EC Workshop as set out in Annexure "B". 3. The Appeal is upheld. 4. Modification application No. 610/2015/2 for alterations to the existing dwelling at 145 Darling Point Road, Darling Point, is approved, subject to the consolidated conditions of consent set out in Annexure "C" hereto. ……………. Commissioner O'Neill 249854.16 O'Neill - Annexure A (122 KB, pdf) 249854.16 O'Neill - Plans Annexure B (1.60 MB, pdf) 249854.16 O'Neill (C) - Annexuer C (518 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 November 2016