Land and Environment Court New South Wales Medium Neutral Citation: Aboud v Hunter's Hill Council [2018] NSWLEC 1504 Hearing dates: Conciliation conference on 25 September 2018 Date of orders: 26 September 2018 Decision date: 26 September 2018 Jurisdiction: Class 1 Before: Smithson C Decision: See [4] below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Hunters Hill Local Environmental Plan 2012 Land and Environment Court Act 1979 Category: Principal judgment Parties: Emileen Aboud (Applicant) Hunter's Hill Council (Respondent) Representation: Solicitors: A Seton, Marsdens Law Group (Applicant) J Cole, HWL Ebsworth Lawyers (Respondent) File Number(s): 2018/92729 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. Leave is granted to rely on the following documents that are the subject of Development Application No. 2017/1060: Drawing Number Drawn By Plan Dated Site & Analysis Plan Sergio Melo e Azevedo, Architect Rev: 24/9/18 Dwg. A 01 Rev. 05 Lower Ground Floor Plan Sergio Melo e Azevedo, Architect Rev: 24/9/18 Dwg. A 02 Rev. 06 Ground Floor Plan Sergio Melo e Azevedo, Architect Rev: 24/9/18 Dwg. A 03 Rev. 05 First Floor Plan Sergio Melo e Azevedo, Architect Rev: 24/9/18 Dwg. A 04 Rev. 06 Roof Plan Sergio Melo e Azevedo, Architect Rev: 24/9/18 Dwg. A 05 Rev. 06 Sections 1 & 2 Sergio Melo e Azevedo, Architect Rev: 24/9/18 Dwg. A 08 Rev. 06 West & South Elevation Sergio Melo e Azevedo, Architect Rev: 24/9/18 Dwg. A 09 Rev.06 East & North Elevations Sergio Melo e Azevedo, Architect Rev: 24/9/18 Dwg. A 10 Rev. 06 1. The Applicant's written request under clause 4.6 of Hunters Hill Local Environmental Plan 2012 for contravention of the maximum height development standard imposed by clause 4.3 of Hunters Hill Local Environmental Plan 2012, is upheld; 2. The Applicant's written request under clause 4.6 of Hunters Hill Local Environmental Plan 2012 for contravention of the landscaped area development standard imposed by clause 6.9 of Hunters Hill Local Environmental Plan 2012, is upheld; 3. The appeal is upheld; 4. Development consent is granted to Development Application No. 2017/1060 for alterations and additions to an existing dwelling house on the land at 18 Lyndhurst Crescent, Hunters Hill, subject to the conditions of consent annexed hereto and marked "A". ………………………. Jenny Smithson Commissioner of the Court Annexure A (96.8 KB, pdf) s34 plans combined (2.59 MB, 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: 26 September 2018