George Demian v Willoughby City Council [2017] NSWLEC 1291

Land and Environment Court New South Wales

Medium Neutral Citation: George Demian v Willoughby City Council [2017] NSWLEC 1291 Hearing dates: Conciliation conference on 9 May, 1 & 7 June 2017 Date of orders: 07 June 2017 Decision date: 07 June 2017 Jurisdiction: Class 1 Before: Gray C Decision: See (4) below Catchwords: APPEAL – application to modify development consent - conciliation conference - agreement between the parties - orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: George Demian (Applicant) Willoughby City Council (Respondent) Representation: Solicitors: A Whealy, Mills Oakley (Applicant) T Messenger, HWL Ebsworth Lawyers (Respondent) File Number(s): 2016/374202 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 following plans: Type Plan No. Revision/ Issue No. Plan Date (as Amended) Prepared by Architectural 11209-01, I 02/06/17 David Scobie Architects Pty Ltd 11209-02 11209-03 11209-04 11209-05