ArtMade Architecture Pty Ltd v Inner West Council

[2017] NSWLEC 1310

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	ArtMade Architecture Pty Ltd v Inner West Council [2017] NSWLEC 1310
Hearing dates:	Conciliation conference on 13 June 2017
Date of orders:	16 June 2017
Decision date:	16 June 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:	ArtMade Architectural Pty Ltd ACN 101 567 015 (Applicant) Inner West Council (formerly Leichhardt Municipal Council) (Respondent)
Representation:	Solicitor: Mr C Gough, Storey & Gough Lawyers (Applicant) Mr S Turner, Inner West Council (Respondent)
File Number(s):	2017/64793
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 given leave to amend the development application and rely upon the following plans in the proceedings:

Architectural Plans dated 13 June 2017.prepared by ArtMade Architectural being Plans A01.01-03 Issue 4, A02.01 Issue 4, A03.01-03 Issue 4, A04.01 Issue 4, A04.02 Issue 2, A04.03 Issue 4 and A05.01-02 Issue 4.

2. The appeal is upheld.

3. Development application D/2016/386 for the demolition of the existing dwelling in part and garage, alterations and additions to dwelling and the erection of a new garage, swimming pool and deck at the property at 431 Darling Street, Balmain, is approved subject to the conditions in Annexure A.

4. No order as to costs.

……………………….

Commissioner Chilcott

64793.17 Chilcott (C) (468 KB, pdf)

64793.17 Chilcott - 431 Darling Street Balmain - Architectural Plans - LEC - Issue 4 (1.07 MB, pdf)

64793.17 Chilcott - Fence and Gate Detail - A - 13.06.2017 Amended (95.6 KB, pdf)

Amendments

21 June 2017 - Representation amendment