MacGregor v Willoughby City Council

Land and Environment Court New South Wales Medium Neutral Citation: MacGregor & Anor v Willoughby City Council [2015] NSWLEC 1310 Hearing dates:Conciliation conference on 29 & 30 June 2015Date of orders: 06 August 2015 Decision date: 06 August 2015 Jurisdiction:Class 1Before: Brown ASC Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: alterations and additions to an existing dwelling; conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: David MacGregor (Applicant 1) Lyn MacGregor (Applicant 2) Willoughby City Council (Respondent) Representation: Counsel: Mr G Hartley (Applicant) Mr K Webber (Respondent) Solicitors: Hartley Solicitors (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s):10264 of 2015Publication restriction:NoJudgment COMMISSIONER: This is an appeal against the refusal by Willoughby Council of development application DA-2015/4 for alterations and additions to first floor and roof of an existing dwelling house at 345 Edinburgh Road, Castlecrag 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...