Nethery v Leichhardt Municipal Council

Land and Environment Court New South Wales Medium Neutral Citation: Nethery & Anor v Leichhardt Municipal Council [2016] NSWLEC 1145 Hearing dates:Conciliation conference on 15 April 2016Date of orders: 15 April 2016 Decision date: 15 April 2016 Jurisdiction:Class 1Before: Pearson C Decision: See (4) below Catchwords: DEVELOPMENT MODIFICATION: conditions of consent; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: David and Melissa Nethery (Applicants) Leichhardt Municipal Council (Respondent) Representation: Solicitors: Mr D Briggs, DG Briggs and Associates (Applicants) Mr M Bonanno, Leichhardt Municipal Council (Respondent) File Number(s):10125 of 2016Publication 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 not required...