Talebi v Mosman Council [2018] NSWLEC 1671

Land and Environment Court New South Wales

Medium Neutral Citation: Talebi v Mosman Council [2018] NSWLEC 1671 Hearing dates: 17 December 2018 Date of orders: 19 December 2018 Decision date: 19 December 2018 Jurisdiction: Class 1 Before: O'Neill C Decision: See [31] below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; alterations and additions to an existing dwelling house; contravention of development standards; adjoins a local heritage item. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Mosman Local Environmental Plan 2012 Cases Cited: Initial Action v Woollahra Municipal Council [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446 Category: Principal judgment Parties: Javad Talebi (Applicant) Mosman Council (Respondent) Representation: Counsel: M Staunton (Applicant)

Solicitors: Hartley Solicitors (Applicant) R McCulloch, Pikes & Verekers (Respondent) File Number(s): 2018/128816 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by Mosman Council (the Council) of Development Application No. 8.2017.131.1 for alterations and additions to an existing dwelling house (the proposal) at 14 Bapaume Road, Mosman (the site). 2. The Court arranged a conciliation conference under s 34AA(2)(a) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which has been held on 17 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 included reducing the area of the balcony on the uppermost level and deleting the roof structure over that balcony; deleting the roof terrace over the existing garage and making some other minor changes to the proposal. 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 exercising the function under s 4.16 of the EPA Act to grant consent to the development application. 5. There are jurisdictional prerequisites that must be satisfied before this function can be exercised, pursuant to cll 4.6(2) and 5.10(4) of the Mosman Local Environmental Plan 2012 (MLEP 2012).