Domenic A Mariani v Hornsby Shire Council [2017] NSWLEC 1368

Land and Environment Court New South Wales

Medium Neutral Citation: Domenic A Mariani v Hornsby Shire Council [2017] NSWLEC 1368 Hearing dates: Conciliation conference on 5 July 2017 Date of orders: 14 July 2017 Decision date: 14 July 2017 Jurisdiction: Class 1 Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: construction of a dwelling house with swimming pool and landscaping works; conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Domenic A Mariani (Applicant) Hornsby Shire Council (Respondent) Representation: Solicitor: Mr V Conomos, Conomos Legal (Applicant) Mr A Seton, Marsdens Law Group (Respondent) File Number(s): 2017/67647 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal against the refusal of Development Application No. DA/873/2016 for the construction of a dwelling house with swimming pool and landscaping works at 210A and 212 Quarter Sessions Road, Westleigh. 2. 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". 3. 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. 4. 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. 5. 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 given leave to amend the development application by substituting the following plans as the plans relied upon for the purpose of the development application: Plan No. Description Prepared by Revision Dated: C0359-DA1 Site Plan Intercapital Consultants E 6 July 2017 C0359-DA2 Ground Floor Plan Intercapital Consultants E 6 July 2017 C0359-DA3 First Floor Plan Intercapital Consultants D 6 July 2017 C0359-DA4 Lower Ground & Basement Intercapital Consultants D 6 July 2017 C0359-DA5 Roof Plan Intercapital Consultants E 6 July 2017 C0359-DA6 Elevations North & South Intercapital Consultants E 6 July 2017 C0359-DA7 Elevations Front & Rear Intercapital Consultants E 6 July 2017 C0359-DA8 Sections Intercapital Consultants E 6 July 2017 C0359-DA13 Colour Schedule Intercapital Consultants D 6 July 2017 INT05-DD-100 Landscape Package SYM Studio E 7 July 2017 INT05-DD-101 Landscape Plan SYM Studio E 7 July 2017