Watts v City of Ryde Council [2019] NSWLEC 1013

Land and Environment Court New South Wales

Medium Neutral Citation: Watts v City of Ryde Council [2019] NSWLEC 1013 Hearing dates: Conciliation conference on 7 December 2018 Date of orders: 21 January 2019 Decision date: 21 January 2019 Jurisdiction: Class 1 Before: Maston AC Decision: See orders at [7] below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Graham Watts (First Applicant) Mona Watts (Second Applicant) City of Ryde Council (Respondent) Representation: Counsel: J Doyle (Applicants)

Solicitors: Leigh File & Associates (Applicants) A Gough, Storey & Gough (Respondent) File Number(s): 2017/304232 Publication restriction: No

Judgment 1. COMMISSIONER: This is a Class 1 appeal brought before the Court under s 121ZK (now s 8.18) of the Environmental Planning and Assessment Act 1979 (EPA Act) by the Applicants against an order under s 121B (now s 9.34), item 14 issued by the City of Ryde Council dated 13 September 2017 ("the Order"). These proceedings are determined pursuant to the provisions of s 121ZK(4)(b) of the EPA Act (to modify the order). 2. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 7 December 2018. I presided over the conciliation conference. 3. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved an agreement to modify the Order as set out in Annexure "A". 4. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court upholding the appeal and modifying the Order as agreed and set out in Annexure "A". 5. I am satisfied that the parties' decision is one that the Court could have made in the proper exercise of its functions, as required by s 34(3) of the LEC Act. 6. As the parties' decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties' decision. 7. The Court orders: 1. The Appeal is upheld; 2. The Order issued under s 121B, item 14 of the Environmental Planning and Assessment Act 1979 on 13 September 2017 is modified as set out in Annexure "A". ………………………. J Maston Acting Commissioner of the Court Annexure A 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: 21 January 2019