Anthony Trenbath v Woollahra Municipal Council [2017] NSWLEC 1644

Land and Environment Court New South Wales

Medium Neutral Citation: Anthony Trenbath v Woollahra Municipal Council [2017] NSWLEC 1644 Hearing dates: Conciliation conference on 13 November 2017 Date of orders: 13 November 2017 Decision date: 13 November 2017 Jurisdiction: Class 1 Before: Bish 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: ANTHONY TRENBATH (Applicant) WOOLLAHRA COUNCIL (Respondent) Representation: Solicitor: Ms L Saw, Frederick Jordan Chambers (Applicant) Mr M Hanna, Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2017/232271 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. Modification Application No. 128/2016/2 to modify Development Consent No. DA 128/2016/1 ("the development consent") for alterations and additions to rear of dwelling including new rear addition ground and first floor levels, new attic with rear dormer window and skylight on the land at 19 Gurner Street, Paddington NSW, legally identified as Lot 2, DP 807731 is approved subject to the conditions in Annexure "A" as follows: 1. Condition A. 3 of development consent is deleted; 2. Conditions A. 4, C. 8, H. 3, K. 13 is inserted into the development consent; 3. Conditions C.1 and C.2 of the development consent are amended. 1. The Appeal is upheld. ………………………. Commissioner Bish Annexure A (236 KB, pdf) Annexure B (499 KB, pdf) Landscape Plan 2016 20 7A (280 KB, pdf) Elevation of Roller Door and Section Details 2016 29A (168 KB, pdf) Plan of Carspace Courtyard-2016-28- 19 Gurner St Paddington (261 KB, pdf) Trenbath v Woollahra 19 Gurner St - Amended Colour Schedule 28.9.17 (309 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: 13 November 2017