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 1. The appeal is upheld. 2. The Respondent agrees to issue a Building Information Certificate pursuant to s 6.24 of the Environmental Planning and Assessment Act 1979 at the property known as 40 Fitzwilliam Road, Vaucluse, in relation to the BC Application as amended by the plans referred to in order 4(1) above with the exception of the following works: 1. The Window 26 privacy screen (required by condition C1.g of the consent); 2. The green walls on the planter box, (required by condition C1.i of the consent); 3. The landscaping in the planter box (required by condition C1.n of the consent); 4. The optional green wall facing into the site (allowed under condition C1.o of the consent). 1. The Applicant is to pay the Respondent's costs in the amount of $8,216.00. ………………………. Sarah Bish Commissioner of the Court Plans (4.88 MB, pdf) Amendments 23 May 2018 - Correction to dates 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: 23 May 2018