MacJohn v Mosman Municipal Council [2017] NSWLEC 1509

Land and Environment Court New South Wales

Medium Neutral Citation: MacJohn v Mosman Municipal Council [2017] NSWLEC 1509 Hearing dates: Conciliation conference on 24 August and 14 September 2017 Date of orders: 14 September 2017 Decision date: 14 September 2017 Jurisdiction: Class 1 Before: Gray C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION – dwelling house - conciliation conference - agreement between the parties - orders Legislation Cited: Land and Environment Court Act 1979 s34 Category: Principal judgment Parties: Steven MacJohn (Applicant) Mosman Council (Respondent) Representation: Solicitor: Mr P Rigg (Applicant) Ms R McCulloch, Pikes & Verekers Lawyers (Respondent) File Number(s): 2017/125958 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 on amended architectural plans by Carlos Buono numbered 221 01 to 15 Issue C1 dated 4.09.17 and amended landscape plan by Grant Maundrell numbered 16 32-003'E' dated September 2017. 2. The applicant shall pay the respondent's costs thrown away as a result of the amended plans pursuant to s.97B, as agreed or assessed. 3. Development consent is granted to development application No. 8.2017.16.1 for the demolition of the existing dwelling house and the construction of a three storey dwelling house including basement, ground floor and first floor, swimming pool and landscaping at 250 Raglan Street Mosman, subject to the conditions in Annexure A hereto. ………………………. Commissioner Gray Annexure A (327 KB, pdf) 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: 15 September 2017