Land and Environment Court New South Wales Medium Neutral Citation: Rosalie Gaitanos v Hunters Hill Council [2017] NSWLEC 1501 Hearing dates: Conciliation conference on 25 July 2017 Date of orders: 18 September 2017 Decision date: 18 September 2017 Jurisdiction: Class 1 Before: Martin SC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: 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: Rosalie Gaitanos (Applicant) Hunters Hill Council (Respondent) Representation: Solicitors: Mr T Sattler, Sattler & Associates Pty Ltd (Applicant) Mr J Cole, HWL Ebsworth (Respondent) File Number(s): 2017/65874 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. Leave is granted to the applicant to rely upon the amended architectural and landscape plans as listed in Annexure "A" - Table to condition of consent No. 2. 2. The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979 in the amount of $5,000.00 within 28 days. 3. The Appeal is upheld. 4. Development consent is granted to Development Application No. DA2016/65874 for demolition of existing dwelling and construction of detached dual occupancies and strata subdivision subject to the conditions of consent annexed hereto and marked "A". ………………………. Senior Commissioner Martin Annexure A (C) (243 KB, pdf) Attachment A (Sketch) (926 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: 18 September 2017