Ganis v Sutherland Shire Council

Land and Environment Court New South Wales Medium Neutral Citation: Ganis & Anor v Sutherland Shire Council [2016] NSWLEC 1188 Hearing dates:Conciliation conference on 7-8 April, 26 April 2016Date of orders: 23 May 2016 Decision date: 23 May 2016 Jurisdiction:Class 1Before: Pearson C Decision: See (4) below Catchwords: DEVELOPMENT MODIFICATION; Deletion and amendment of deferred commencement conditions; design changes; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Frank Ganis and Mary Ganis (Applicants) Sutherland Shire Council (Respondent) Representation: Solicitors: Bartier Perry (Applicants) HWL Ebsworth Lawyers (Respondent) File Number(s):2016/151690 (11142 of 2015)Publication restriction:NoJudgment 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 to give effect to the agreement between the parties, I was...