Land and Environment Court New South Wales Medium Neutral Citation: Burke v Woollahra Council [2017] NSWLEC 1363 Hearing dates: Conciliation conference on 6 & 26 June 2017 Date of orders: 11 July 2017 Decision date: 11 July 2017 Jurisdiction: Class 1 Before: Gray 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: Adir Burke (Applicant) Woollahra Council (Respondent) Representation: Counsel: Mr M Seymour (Applicant) Solicitor: Mr R Burke, Gilbert Mane Solicitors (Applicant) Mr P Rigg (Respondent) File Number(s): 2017/53962 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 be granted leave to rely upon the following amended plans (at Annexure "B"): Reference Description Author/Drawn Date(s) DA00.2 A Legend 13.06.2017 DA00.3 C Finishes Schedule 13.06.2017 DA01.1 D Site Plan 13.06.2017 DA02.1 B Lower Ground Plan 13.06.2017 DA02.2 B Ground Floor Plan 13.06.2017 DA02.3 D First Floor Plan Architectural Plans Maccormick and Associates Architects 13.06.2017 DA02.5 C Roof Plan 13.06.2017 DA03.1 C South Elevation 13.06.2017 DA03.2 C North Elevation 13.06.2017 DA03.3 C East and West Elevations 13.06.2017 DA04.1 C Sections 13.06.2017 Da04.2 B Sections – Ex Ground Level 13.06.2017 767919S BASIX Certificate NSW Department of Planning and Infrastructure 03.11.2016 Drawing No. s LS01-DA/A, LS02-DA/A, sheets 1 & 2 Landscape Plan Melissa Wilson 27/10/2016 Arboricultural Impact Report Guy Paroissien – Landscape Matrix 31/10/2016 Correspondence from Arborist Guy Paroissien – Landscape Matrix 07/06/2017 P1605592JR01-V02 Geotechnical Report Martens Consulting Engineer 3 February 2016 16044 DA-C3.01-Rev 02 Stormwater Plan Dawes Consulting Engineer 27/10/16 DA-C3.02-Rev 02 DA-C5.01-Rev 02 1. The Applicant is to pay the Respondent's costs arising under section 97B of the Environmental Planning and Assessment Act 1979 as agreed at $2,500.00 within 14 days. 2. The appeal is upheld. 3. Development Application No. DA-2016/475 received by the Respondent on 4 November 2016 for demolition of existing dwelling and garage and construction of new dwelling-house and associated landscaping works at 15 Towns Road Vaucluse (as amended), is approved subject to the conditions contained in Annexure "A". ………………………. Commissioner Gray 53962.17 Gray (C) (306 KB, pdf) 53962.17 Gray - Amended Plans 15 Towns Rd (4.24 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: 11 July 2017