Roth v Woollahra Municipal Council

Land and Environment Court New South Wales Medium Neutral Citation: Roth v Woollahra Municipal Council [2015] NSWLEC 1137 Hearing dates:Conciliation conference on 15 April 2015Date of orders: 06 May 2015 Decision date: 06 May 2015 Jurisdiction:Class 1Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: reconstruction of front fence, landscaping and drainage works, conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: Sally Roth (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: Mr Stan Kondilios, solicitor (Applicant) Ms Vicki McGrath, solicitor (Respondent) Solicitors: Hall & Wilcox Lawyers (Applicant) Norton Rose Fulbright Australia (Respondent) File Number(s):10096 of 2015Judgment COMMISSIONER: This is an appeal against the refusal of DA 319/2013/1 for the reconstruction of the front fence, landscaping and drainage works at 22A Vaucluse Rd, Vaucluse 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...