Maygood Australia Pty Ltd v Willoughby City Council

Land and Environment Court New South Wales Medium Neutral Citation: Maygood Australia Pty Ltd v Willoughby City Council [2016] NSWLEC 1304 Hearing dates:Conciliation conference on 12 May 2016 and 29 June 2016Date of orders: 19 July 2016 Decision date: 19 July 2016 Jurisdiction:Class 1Before: Brown C Decision: See (5) below Catchwords: ORDER: use of building for secondary 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: Maygood Australia Pty Ltd (Applicant) Willoughby City Council (Respondent) Representation: Counsel: Mr P Tomasetti SC (Applicant) Mr T Messenger, solicitor (Respondent) Solicitors: DC Balog & Associates (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s):2016/00165449Publication restriction:NoJudgment COMMISSIONER: This is an appeal against an Order concerning the unauthorised use of a building as a secondary dwelling at 40 Claude Street Chatswood. 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...