CommPlan Pty Limited v Waverley Council

Land and Environment Court New South Wales Medium Neutral Citation: CommPlan Pty Limited v Waverley Council [2015] NSWLEC 1208 Hearing dates:Conciliation conference on 7 and 8 May 2015Date of orders: 01 June 2015 Decision date: 01 June 2015 Jurisdiction:Class 1Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: alterations and additions to an existing unit; conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: CommPlan Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: Mr C. Ireland, barrister (Applicant) Mr Stephen Patterson, solicitor (Respondent) Solicitors: Stevens Cottee Lawyers (Applicant) Wilshire Webb Staunton Beattie (Respondent) File Number(s):11087 of 2014Publication restriction:NoJudgment COMMISSIONER: This is an appeal against the refusal by Waverley Council of Development Application No DA-126/2014 for alterations and additions to the existing unit 1/21 Gaerloch Avenue, Tamarama. 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...