James Peter Southwell-Keely v Woollahra Municipal Council [2017] NSWLEC 1039

Land and Environment Court New South Wales

Medium Neutral Citation: James Peter Southwell-Keely v Woollahra Municipal Council [2017] NSWLEC 1039 Hearing dates: Conciliation conference on 2 February 2017 Date of orders: 03 February 2017 Decision date: 03 February 2017 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: James Peter Southwell-Keely (Frist Applicant) Rivke Kuan Rebecca Deans (Second Applicant) Woollahra Council (Respondent) Representation: Mr C Deng McLachlan Thorpe Partners (Applicant) Mr A Hudson Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2016/285518 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 given leave to amend the development application by substituting the following plans as the plans and documents relied upon for the purposes of the section 96 modification application: Drawing No. Title Prepared by Date 15011SEC96 01 Issue B Site Plan CAD Plans Pty Limited 5/9/2016 15011SEC96 02 Issue B Plans, Elevations, Section CAD Plans Pty Limited 5/9/2016 Report prepared by Stephen Davies Urbis Pty Limited 9/11/2016