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 1. The Appeal is upheld. 2. Modification Application No. DA2014/78/C to modify Development Consent No. DA2014/78 for the purposes of construction of a rear timber deck, and a fence and services cupboard at 20 Weemala Road, Northbridge is determined by approving the modifications as set out in Annexure A. 3. As a consequence of Order 3 above, Development Consent No. DA2014/78 is now subject to the consolidated, modified conditions of development consent set out in Annexure B. ………………………. Joanne Gray Commissioner of the Court 374202.16 Gray (C) Annexure A (114 KB, pdf) 374202.16 Gray (C) Annexure B (320 KB, pdf) 374202.16 Gray - SET AGREEMENT 01 JUNIO 2017 (1.03 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: 08 June 2017