McQueen and Smith v Woollahra Municipal Council [2018] NSWLEC 1494

McQueen and Smith v Woollahra Municipal Council [2018] NSWLEC 1494

The Court, being satisfied that the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 was one it could have made in the proper exercise of its functions, must dispose of the proceedings in accordance with the agreed decision and set out its terms in writing.

Parties
First Applicant: Matthew McQueen; Second Applicant: Matthew Smith; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
19 September 2018
Procedural Posture
Development Application / Final Orders Following Conciliation Conference
Outcome
Orders made in accordance with parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
Development Applications, Noise Control, Environmental Planning
Environmental Law Administrative Law Development Applications Noise Control Environmental Planning

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Parties

Matthew McQueen

First Applicant

Matthew Smith

Second Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Development Application / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 can be given effect as a decision of the Court
  2. 2 Proper disposal of proceedings following conciliation conference agreement relating to development application

Ratio Decidendi

The Court, being satisfied that the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 was one it could have made in the proper exercise of its functions, must dispose of the proceedings in accordance with the agreed decision and set out its terms in writing.

Court Disposition

Orders made in accordance with parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • Respondent's order dated 12 March 2018 revoked pursuant to s 8.18(4)(a) of the Environmental Planning and Assessment Act 1979.
  • Applicants ordered by 13 December 2018 to remove only the upper air-conditioning condenser unit and associated brackets installed on the external rear wall at 140 Boundary Street Paddington; to relocate the same to ground level in the rear yard adjacent to either No. 138 or No. 142 Boundary Street, ensuring conduits...