Land and Environment Court New South Wales Medium Neutral Citation: Guven v Mosman Municipal Council [2016] NSWLEC 1625 Hearing dates: Conciliation conference on 1, 13 December 2016 Date of orders: 20 December 2016 Decision date: 20 December 2016 Jurisdiction: Class 1 Before: Smithson 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: Jade Guven (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: Mr Hemmings (Applicant) Ms Duggan (Respondent) Solicitors: Mr Flaherty, Mills Oakley (Applicant) Ms Walsh, Pikes & Verekers Lawyers (Respondent) File Number(s): 2016/00257510 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 make, 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 Applicant is granted leave to rely upon the amended plans and supporting documents referred to in condition 2 in Part B of the conditions of consent in Annexure "A." 2. The appeal is upheld. 3. Development Application No. 8.2016.80.1 lodged with the Respondent on 5 May 2016 [as amended] for demolition of an existing dwelling, erection of a new dwelling and swimming pool and retention of trees (including 4 Angophoras) at 54 Hopetoun Avenue, Mosman is approved on a deferred commencement basis subject to the conditions in Annexure "A." 4. The Applicant is to pay the Respondent's costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the amount of $11,000.00 within 28 days of the date of this agreement. ……………. Jenny Smithson Commissioner 257510.16 Smithson (C) (505 KB, pdf) 257510.16 - Plans (11.0 MB, 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: 22 December 2016