Land and Environment Court New South Wales Medium Neutral Citation: Oliver Steele v Waverley Council [2017] NSWLEC 1393 Hearing dates: Conciliation conference on 21 July 2017 Date of orders: 21 July 2017 Decision date: 21 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: Oliver Steele (Applicant) Waverley Council (Respondent) Representation: Solicitor: Mr V Conomos, Conomos Legal (Applicant) Mr S Patterson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2016/369885 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 rely upon the following plans and documentation in the proceedings: Reference/Dwg No Title/Description Prepared By Date Architectural Drawings Nos. 00-01, 01-02, 05-01 to 05-12, 12-00, Revision 9, Revision s34 Steele Associates Architecture, 16 May 2017 Landscape Plans LPDA17-17 page number 1, rev E Conzept Landscape Architects 06.06.2017 LPDA17-17 page number 3, rev A 20.07.2016 Reports/Certificates/Statements/Plans Cert. No. 840384M_02 BASIX Certificate 12.07.2017 Site Waste and Recycling Management Plan (SWRMP) and Checklist 1. Pursuant to Section 97B of the Environmental Planning and Assessment Act 1979, the Applicant agrees to pay the Respondent's costs in the fixed amount of $5,000 within 28 days. 2. The appeal is upheld. 3. Development Application No. DA-411/2016 for the demolition of the existing single storey residential building, and the construction of a three storey residential flat building comprising six units (4 x 2 bedroom, 2 x 3 bedroom), with an attic level and basement comprising eight car parking spaces, at 585 Old South Head Road, Rose Bay is approved subject to the conditions in Annexure "A". ………………………. Commissioner Gray 369885.16 (C) (71.7 KB, docx) 369885 Gray - Plans (1.81 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: 24 July 2017