Charalambous v Waverley Council

Land and Environment Court New South Wales Medium Neutral Citation: Charalambous v Waverley Council [2016] NSWLEC 1387 Hearing dates:Conciliation conference on 2 August 2016Date of orders: 02 September 2016 Decision date: 02 September 2016 Jurisdiction:Class 1Before: Dickson C Decision: See [5] below Catchwords: Appeal under s97(3) against deferred commencement development consent - conciliation conference - agreement between the parties - orders Legislation Cited: Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979 Category:Principal judgmentParties: Costa Charalambous (Applicant) Waverley Council (Respondent) Representation: Solicitors: Mr. Conomos, Conomos Legal (Applicant) Mr. Paterson, Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s):2016/00161845Publication restriction:No Judgment COMMISSIONER: This is an appeal, under s97 (3) of the Environmental Planning and Assessment Act 1979, against a deferred commencement consent for alterations and additions to an existing residential flat building at 10 Moore St Bondi [DA 470/2015]. 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...