Albette Frances Edwards v Woollahra Municipal Council [2017] NSWLEC 1114

Land and Environment Court New South Wales

Medium Neutral Citation: Albette Frances Edwards v Woollahra Municipal Council [2017] NSWLEC 1114 Hearing dates: Conciliation conference on 2 March 2017 Date of orders: 06 March 2017 Decision date: 06 March 2017 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: Albette Frances Edwards (Applicant) Woollahra Municipal Council (Respondent) Representation: Solicitor: Mr D Baird, Baird Lawyers (Applicant) Mr C Zoppo, Lindsay Taylor Lawyers(Respondent) File Number(s): 2016/347759 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 amended plans referred to in Condition 1 of Part B of the conditions of consent annexed hereto and marked "Annexure A". 2. The Applicant is to pay the Respondent's costs thrown away pursuant to section 97B of the Environmental Planning and Assessment Act 1979, as agreed in the sum of $4,500.00 within 28 days of this agreement. 3. The Appeal is upheld. 4. Development Consent is granted to Development Application No. 292/2016 for the alterations and additions to the existing dwelling including modifications to the roof structure at 19 Alton Street, Woollahra, the land legally identified as Lot 2 in DP 223131, subject to the conditions of consent annexed hereto and marked "Annexure B". ………………………. Commissioner Smithson 347759.16 Smithson - Annexure A (647 KB, pdf) 347759.16 Smithson - Annexure B (435 KB, pdf)