Land and Environment Court New South Wales Medium Neutral Citation: Sue Sanki v Woollahra Municipal Council [2017] NSWLEC 1333 Hearing dates: Conciliation conference on 22 and 23 June 2017 Date of orders: 28 June 2017 Decision date: 28 June 2017 Jurisdiction: Class 1 Before: Smithson C Decision: See (4) below Catchwords: MODIFICATION APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Sue Sanki (Applicant) Woollahra Municipal Council (Respondent) Representation: Solicitor: Mr V Conomos, Conomos Legal (Applicant) Mr S Patterson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2017/63216 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 amend Modification Application No. DA/285/2015/4 and to rely upon the following plans and documentation in the proceedings: Reference Description Author/Drawn Date(s) 04 U 06 U 07 U 08 U Architectural Plans Christopher Jordan Architecture and Design 27.04.17 09 U 10 U 11 U 1. The appeal is upheld. 2. Section 96 Modification Application No. DA/285/2015/4 is approved subject to the conditions in 'Annexure A'. ………………………. Commissioner Smithson 63216.17 Smithson (C) (106 KB, docx) 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: 28 June 2017