Darren John Finlayson v Bayside Council [2017] NSWLEC 1101

Land and Environment Court New South Wales

Medium Neutral Citation: Darren John Finlayson v Bayside Council [2017] NSWLEC 1101 Hearing dates: Conciliation conference on 20 January, 7 and 20 February 2017 Date of orders: 01 March 2017 Decision date: 01 March 2017 Jurisdiction: Class 1 Before: Martin SC 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: Darren John Finlayson (Applicant) Bayside Council (Respondent) Representation: V Conomos, Conomos Legal (Applicant) J Cole, HWL Ebsworth Lawyers (Respondent) File Number(s): 2016/338103 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 to leave to amend its application to rely on the plans and documents referred to in condition 1 of Annexure A. 2. The applicant is to pay Council's costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the amount of $3,000.00 within 28 days. 3. The Appeal is upheld. 4. Approval is granted to Development Application No. 16/74 for torrens title subdivision and construction of two semi-detached two storey dwelling houses at 9 Picton Street, Mascot. ……………. Rosemary Martin Senior Commissioner 338103.16 Annexure A (C) (75.3 KB, pdf) 338103.16 Plans (7.05 MB, pdf)