Sorbello v Hawkesbury City Council [2018] NSWLEC 1221

Land and Environment Court New South Wales

Medium Neutral Citation: Sorbello v Hawkesbury City Council [2018] NSWLEC 1221 Hearing dates: Conciliation conference on 8 & 9 May 2018 Date of orders: 09 May 2018 Decision date: 09 May 2018 Jurisdiction: Class 1 Before: Walsh 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: Shaun Sorbello (Applicant) Hawkesbury City Council (Respondent) Representation: Solicitors: C Gough, Storey & Gough Lawyers (Applicant) A Seton, Marsdens Law Group (Respondent) File Number(s): 2017/356019 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 given leave to amend the development application and rely on the following amended plans and documents: Drawing Number/Name Prepared by Issue No. Date Cover Page, Sheet No. 1/5 Lam Design and Drafting G 09.05.18 Site plan, Sheet No. 2/5 Lam Design and Drafting G 09.05.18 Ground Floor, Sheet No. 3/5 Lam Design and Drafting G 09.05.18 Elevations, Sheet No. 4/5 Lam Design and Drafting G 09.05.18 Cross Sections, Sheet No. 5/5 Lam Design and Drafting G 09.05.18