Aldred v Woollahra Municipal Council

Land and Environment Court New South Wales Medium Neutral Citation: Aldred & anor v Woollahra Municipal Council [2015] NSWLEC 1467 Hearing dates:Conciliation conference on 16 November 2015Date of orders: 18 November 2015 Decision date: 18 November 2015 Jurisdiction:Class 1Before: Fakes C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: Tree removal; impact on views; conciliation conference; agreement between the parties Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Russell John Aldred and Michael John Aldred (Applicants) Woollahra Municipal Council (Respondent) Representation: Applicants: Mr I Hemmings SC with Mr S Nash (Barrister) Respondent: Mr A Hudson (Solicitor)   Solicitors: Applicant: Jenkins & Associates Respondent: Wilshire Webb Staunton Beattie Lawyers File Number(s):10614 of 2015Judgment 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”. 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. In making the orders...