Rose Bay Marina Pty Ltd v Woollahra Municipal Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Rose Bay Marina Pty Ltd v Woollahra Municipal Council [2015] NSWLEC 1244 Hearing dates:Conciliation conference on 7 April 2015Date of orders: 24 June 2015 Decision date: 24 June 2015 Jurisdiction:Class 1Before: Brown C Decision: See (5) below Catchwords: APPEAL: appeal against Orders for upgrade of fire safety measures; conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: Rose Bay Marina Pty Limited (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: Mr Pickles, barrister (Applicant) Mr Anthony Hudson, solicitor (Respondent) Solicitors: Macpherson Kelly Lawyers (Applicant) Wilshire Webb Staunton Beattie (Respondent) File Number(s):10882 of 2014Publication restriction:NoJudgment COMMISSIONER: This is an appeal against the refusal by Woollahra Council of modification application lot 1 DP 1171693, 594-596 New South Head Road, Rose Bay. 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...