Norman v Strathfield Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Norman v Strathfield Council and Anor [2015] NSWLEC 1184 Hearing dates:Conciliation conference on 15 April 2015Date of orders: 26 May 2015 Decision date: 26 May 2015 Jurisdiction:Class 1Before: Pearson C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: subdivision; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Matthew Norman (Applicant) Strathfield Municipal Council (First Respondent) Bruce Begnell (Second Respondent) Representation: Counsel: Mr C McEwen SC (Applicant) Ms N Hammond (Second Respondent) Solicitors: Penelope Murray, DibbsBarkers Lawyers (Applicant) Steven Shneider, Houston Dearn O’Connor (First Respondent) Annette van Gent, Marrickville Legal Centre (Second Respondent) File Number(s):10063 of 2015Judgment 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....