Parker Logan Property Pty Ltd v Waverley Council

Land and Environment Court New South Wales Medium Neutral Citation: Parker Logan Property Pty Ltd v Waverley Council [2016] NSWLEC 1035 Hearing dates:Conciliation conference on 8 December 2015Date of orders: 14 January 2016 Decision date: 14 January 2016 Jurisdiction:Class 1Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: alterations and additions to an approved residential flat building; conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: Parker Logan Property Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Mr Anthony Boskovitz (Applicant) Mr Stephen Patterson (Respondent) Solicitors: Boskovitz & Associates (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s):10768 of 2015Judgment COMMISSIONER: This is an appeal against the refusal of the amendment of Development Application No. DA – 266/2015 for alterations and additions to an approved residential building at 93 Old South Head Road, Bondi Junction 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...