Anupam Das v Inner West Council

[2017] NSWLEC 1609

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Anupam Das & Anor v Inner West Council [2017] NSWLEC 1609
Hearing dates:	Conciliation conference on 27 October 2017
Date of orders:	31 October 2017
Decision date:	31 October 2017
Jurisdiction:	Class 1
Before:	O’Neill 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:	Anupam Das (First Applicant) Shakeela Ahmed (Second Applicant) Inner West Council (Respondent)
Representation:	Solicitors: Mr S Griffiths, Bartier Perry Lawyers (First and Second Applicant) Mr S Turner, Inner West Council (Respondent)
File Number(s):	2017/229174
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 appeal is upheld.

2. The Applicant is granted leave to amend Development Application No. D/2017/78 and to rely upon the following amended plans and documents, copies of which are behind Annexure “A”:

Plan Reference	Drawn By	Dated
01 Rev D – COVER	OIKOS Architects	29/09/17
02 Rev D – PLANS – SITE & ROOF	OIKOS Architects	29/09/17
03 Rev D – PLAN-GROUND FLOOR	OIKOS Architects	29/09/17
04 Rev D – PLAN-FIRST FLOOR	OIKOS Architects	29/09/17
05 Rev D – ELEVATION – NW	OIKOS Architects	29/09/17
06 Rev D – ELEVATION – NE	OIKOS Architects	29/09/17
07 Rev D – ELEVATION – SW	OIKOS Architects	29/09/17
08 Rev D – SECTION AA	OIKOS Architects	29/09/17
09 Rev D – SECTIONS – BB & CC	OIKOS Architects	29/09/17
010 Rev D – SECTION DD & SET UP	OIKOS Architects	29/09/17
011 Rev D – SHADOW DIAGRAM – June 21 9am	OIKOS Architects	29/09/17
012 Rev D – SHADOW DIAGRAM – June 21 Noon	OIKOS Architects	29/09/17
013 Rev D – SHADOW DIAGRAM – June 21 3pm	OIKOS Architects	29/09/17
014 Rev D – FINISHES SCHEDULE	OIKOS Architects	29/09/17
015 Rev D – SITE ANALYSIS	OIKOS Architects	29/09/17

3. Development Application No. D/2017/78 (as amended) for alterations and additions to the existing dwelling including a new first floor level on Lot C in Deposited Plan 358315 (otherwise known as 119 Rowntree Street, Birchgrove), be approved subject to the conditions which are behind Annexure “B”.

……………………….

Commissioner S O’Neill

Annexure A (Plans) (5.56 MB, pdf)

Annexure B (C) (274 KB, pdf)

Amendments

02 November 2017 - Cover page amended to list correct representation.