Morton v Lane Cove Council

Land and Environment Court New South Wales Medium Neutral Citation: Morton v Lane Cove Council [2016] NSWLEC 1299 Hearing dates:Conciliation conference on 15 April, 6 May, 28 June 2016Date of orders: 12 July 2016 Decision date: 12 July 2016 Jurisdiction:Class 1Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: subdivision of land; partial demolition of existing dwelling and retention of other dwelling; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Stephen James Morton (Applicant) Lane Cove Council (Respondent) Representation: Counsel: Mr C Gough, solicitor (Applicant) Ms J McCullan, solicitor (Respondent) Solicitors: Storey & Gough (Applicant) Marsdens Law Group (Respondent) File Number(s):2016/00163119Publication restriction:NoJudgment COMMISSIONER: This is an appeal against the refusal of DA No 131/2015 for the subdivision of land; partial demolition of existing dwelling and retention of other dwelling at 4 Bay street Greenwich. 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...