NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Circosta v Lane Cove Council [2018] NSWLEC 1473 Hearing dates: Conciliation conference on 22 & 31 August 2018 Date of orders: 03 September 2018 Decision date: 03 September 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: Caitriona Maria Circosta (Applicant) Lane Cove Council (Respondent) Representation: Solicitors: J Wauchope, Dentons Australia Pty Ltd (Applicant) A Seton, Marsdens Law Group (Respondent) File Number(s): 2018/ 61105 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 Development Application No. 155/2017 and to rely upon the following amended plans and documents: DRAWING DESCRIPTION PREPARED BY REV DATE DA 1.00 Cover Sheet Design Studio Group C 23.08.18 DA 1.01 Site / Roof Plan Site Analysis Design Studio Group B 23.08.18 DA 1.02 Demolition Plan Design Studio Group B 23.08.18 DA 2.01 Proposed Level 2 Floor Plan Design Studio Group D 23.08.18 DA 2.02 Proposed Level 1 Floor Plan Design Studio Group D 23.08.18 DA 2.03 Proposed Basement Floor Plan Design Studio Group D 23.08.18 DA 2.04 Level 2 GFA Floor Plan Design Studio Group D 23.08.18 DA 2.05 Level 1 GFA Floor Plan Design Studio Group D 23.08.18 DA 2.06 Basement GFA Floor Plan Design Studio Group D 23.08.18 DA 3.01 South East Elevation Design Studio Group C 23.08.18 DA 3.02 South West Elevation Design Studio Group C 23.08.18 DA 3.03 North West Elevation Design Studio Group C 23.08.18 DA 3.04 North East Elevation Design Studio Group C 23.08.18 DA 4.01 Section A-A Design Studio Group C 23.08.18 DA 5.01 Shadows 21st June 9am Design Studio Group B 23.08.18 DA 5.02 Shadows 21st June 12noon Design Studio Group B 23.08.18 DA 5.03 Shadows 21st June 3pm Design Studio Group B 23.08.18 8530DU Plan Showing Details and Levels Over Lot 2 in DP 305051 at No.60 Lucretia Avenue, Longueville (Sheet 1 of 1) True North Surveys 16.03.17 01 Landscape Concept Plan Landscaping By Design Pty Ltd F 23.08.18
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