Alexander Milios v Inner West Council

[2016] NSWLEC 1637

Land and Environment Court

New South Wales

Medium Neutral Citation:	Alexander Milios v Inner West Council [2016] NSWLEC 1637
Hearing dates:	Conciliation conference on 18 November 2016
Date of orders:	23 December 2016
Decision date:	23 December 2016
Jurisdiction:	Class 1
Before:	Chilcott C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Alexander Milios (Applicant) Inner West Council (Respondent)
Representation:	Mr V Conomos, Conomos Legal (Applicant) Mr G Christmas, Apex Planning & Environment Law (Repsondent)
File Number(s):	2016/229102
Publication restriction:	No

Judgment

1. 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”.

2. 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.

3. In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties.

4. The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:

1. Leave is granted to the Applicant to rely on the following amended plans:

Plan, Revision and Issue No.	Plan Name/ Certificate Type	Date Issued	Prepared by
DA102 Rev. B1	Subdivision Plan	5 December 2016	KVMZV Architecture
DA103 Rev. B1	Site Plan- Ground Floor	5 December 2016	KVMZV Architecture
DA104 Rev. B1	Site Plan- First Floor	5 December 2016	KVMZV Architecture
DA105 Rev. B	Demolition Plan	25 November 2016	KVMZV Architecture
DA107 Rev. B1	Landscape Plan	5 December 2016	KVMZV Architecture
DA108 Rev. B1	Landscape Details & Notes	5 December 2016	KVMZV Architecture
DA201 Rev. B1	Ground Floor Plan	5 December 2016	KVMZV Architecture
DA202 Rev. B1	First Floor Plan	5 December 2016	KVMZV Architecture
DA203 Rev. B1	Roof Plan	5 December 2016	KVMZV Architecture
DA301 Rev. B1	Elevations	5 December 2016	KVMZV Architecture
DA302 Rev. B1	Elevations	5 December 2016	KVMZV Architecture
DA303 Rev. B1	Elevations	5 December 2016	KVMZV Architecture
DA304 Rev. B1	Elevations	5 December 2016	KVMZV Architecture
DA401 Rev. B1	Sections	5 December 2016	KVMZV Architecture
DA402 Rev. B1	Sections	5 December 2016	KVMZV Architecture
DA403 Rev. B1	Sections	5 December 2016	KVMZV Architecture
DA404 Rev. B1	Sections	5 December 2016	KVMZV Architecture
DA405 Rev. B1	Sections	5 December 2016	KVMZV Architecture
DA701 Rev.B1	Window Schedule	8 December 2016	KVMZV Architecture
DA702 Rev.B1	Window and Door Schedule	8 December 2016	KVMZV Architecture
DA703 Rev.B1	Door Schedule	8 December 2016	KVMZV Architecture
DA704 Rev.B1	Door Schedule	8 December 2016	KVMZV Architecture

2. Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent’s costs agreed at $1,500.00 upon execution of this Agreement.

3. The appeal is upheld.

4. Development consent is granted to DA201600249 for demolition of the existing dwellings and associated outbuildings; the subdivision of 2 lots into 4 lots; and the construction of a dwelling house on each lot on the land known as 85 and 89 Silver Street, St Peters subject to the conditions at Annexure “A”.

…………….

Commissioner Chilcott

229102.16 Chilcott (C) (250 KB, pdf)

229102.16 Chilcott - Plans (435 KB, pdf)

229102.16 Chilcott - Landscape Plans (830 KB, pdf)