Antonio Campos v Inner West Council

[2017] NSWLEC 1071

Land and Environment Court

New South Wales

Medium Neutral Citation:	Antonio Campos v Inner West Council [2017] NSWLEC 1071
Hearing dates:	Conciliation conference on 20 December 2016, 14 February 2017
Date of orders:	20 February 2017
Decision date:	20 February 2017
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:	Antonio Campos (Applicant) Inner West Council (Respondent)
Representation:	Marc Jaku, Jaku Legal (Applicant) Mark Bonanno, Lindsay Taylor Lawyers (Respondent)
File Number(s):	2016/270940
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. The Applicant is granted leave to rely upon amended plans referred to in Condition 1 of Part B of the conditions of consent annexed hereto and marked “Annexure A”.

2. The Applicant is to pay the Respondent’s costs thrown away pursuant to section 97B of the Environmental Planning and Assessment Act 1979, as agreed or assessed.

3. The Appeal is upheld.

4. Development Consent is granted to Development Application No. D/2016/331 for the demolition of the existing building and construction of a new mixed use building, including 7 residential apartments, commercial tenancies and car parking at 377 Parramatta Road, Leichhardt, subject to the conditions of consent annexed hereto and marked “Annexure A”.

…………….

M Chilcott

Commissioner

270940.16 Annexure A (C) (111 KB, pdf)

270940.16 Plans (part 1) (15.2 MB, pdf)

270940.16 Plans (part 2) (13.7 MB, pdf)