Murrell v Woollahra Municipal Council [2018] NSWLEC 1247

Land and Environment Court New South Wales

Medium Neutral Citation: Murrell v Woollahra Municipal Council [2018] NSWLEC 1247 Hearing dates: Conciliation conference on 8, 19 & 27 February, 26 April, 3, 10, 16 & 21 May 2018 Date of orders: 23 May 2018 Decision date: 23 May 2018 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: George Murrell (First Applicant) Deidre Murrell (Second Applicant) Woollahra Municipal Council (Respondent) Representation: Solicitors: J Hones, Hones Lawyers Pty Ltd (Applicant) J Hewitt, HWL Ebsworth(Respondent) File Number(s): 2017/220547 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 First and Second Applicant be granted leave to rely upon the following plans prepared by David White Architects with respect to its Building Certificate Application ref. 62/2016 dated 29 June 2017 ('BC Application'): Document Description Date Plan No/Reference Site Plan 20.02.2018 Drawing 01, Revision B Ground Floor Plan 21.02.2018 Drawing 02, Revision B Upper Floor Plan 20.02.2018 Drawing 03, Revision C Belvedere Floor Plan 20.02.2018 Drawing 04, Revision B North-East and South-East Elevation 12.02.2018 Drawing 05, Revision B South-West Elevation 20.02.2018 Drawing 06, Revision C North-West Elevation 21.02.2018 Drawing 07, Revision B Sun Studies 21.09.2017 Drawing 08, Revision A Section 1 15.12.2016 Drawing 02, Revision A Section 2 15.12.2016 Drawing 03, Revision A Landscape Plan – SW Corner 09.02.2018 Drawing LP01-B, Revision B