Zhou v Hunter’s Hill Council [2018] NSWLEC 1330

Land and Environment Court New South Wales

Medium Neutral Citation: Zhou v Hunter's Hill Council [2018] NSWLEC 1330 Hearing dates: Conciliation conference on 22 June 2018 Date of orders: 29 June 2018 Decision date: 29 June 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: Zorn Zhou (Applicant) Hunter Hill Council (Respondent) Representation: Solicitors: S Kondilios, Hall & Wilcox Lawyers (Applicant) J Cole, HWL Ebsworth Lawyers (Respondent) File Number(s): 2017/385945 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 s 34(3) of the Land and Environment Court Act 1979 are: 1. The applicant is granted leave to amend the development application and rely upon the plans at Annexure "A" and referred to in Schedule 2 Part A Condition 2 of Annexure "B". 2. The Appeal is upheld. 3. Development Application DA2017/1171 for the demolition of existing dwelling and ancillary structures and construction of a new dwelling with a basement and swimming pool together with associated landscape works at 41 Wybalena Road, Hunters Hill NSW 2110 is approved subject to the conditions set out in Annexure "B". ………………………. Peter Walsh Commissioner of the Court Annexure A (7.62 MB, pdf) Annexure B (435 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: 02 July 2018