Wyatt v The Council of the City of Sydney [2018] NSWLEC 1111

Land and Environment Court New South Wales

Medium Neutral Citation: Wyatt v The Council of the City of Sydney [2018] NSWLEC 1111 Hearing dates: Conciliation conference on 26 October and 13 November 2017, 28 February 2018 Date of orders: 06 March 2018 Decision date: 06 March 2018 Jurisdiction: Class 2 Before: Maston AC 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: Neville William Wyatt (First Applicant) Julie Maree Wyatt (Second Applicant) The Council of the City of Sydney (Respondent) Representation: Solicitors: Neville Wyatt, Wyatts Lawyers & Advisors (Applicant) Kirsten Morrin, The Council of the City of Sydney (Respondent) File Number(s): 2017/177164 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 Applicants are granted an exemption under s 22 of the Swimming Pools Act 1992 in the terms of Annexure A. 2. The appeal is upheld. 3. The Applicants are granted a Certificate of Compliance under s 22D of the Swimming Pools Act 1992 in the terms of Annexure B. ………………………. John Maston Acting Commissioner Annexure A (36.6 KB, pdf) Annexure B (55.5 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: 06 March 2018