Yang and Anor v North Sydney Council [2017] NSWLEC 1378

Land and Environment Court New South Wales

Medium Neutral Citation: Yang and Anor v North Sydney Council [2017] NSWLEC 1378 Hearing dates: Conciliation conference on 17 July 2017 Date of orders: 18 July 2017 Decision date: 18 July 2017 Jurisdiction: Class 1 Before: O'Neill 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: Zhenyi Yang and Menging Hu (Applicant) North Sydney Council (Respondent) Representation: Counsel: Dr S. Berveling barrister (Applicant) Mr S. Schneider solicitor (Respondent)

Solicitors: Hartley Solicitors.(Applicant) North Sydney Council (Respondent) File Number(s): 2017/97603

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, 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. Appeal upheld. 2. Development Application No DA10.2016/175 for the demolition of existing residential dwelling and construction of a two-storey residential dwelling at 65 Shellcove Road, Kurraba Point is approved, subject to conditions in Annexure A. 3. The applicant is to pay the respondent's costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the amount of $2,000.00 payable within 14 days of this order. ……………. Commissioner O'Neill 97603.17 O'Neill (C) (890 KB, pdf) 97603.17 O'Neill - Plans (687 KB, 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: 19 July 2017