Beaini v Inner West Council

[2018] NSWLEC 1132

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Beaini v Inner West Council [2018] NSWLEC 1132
Hearing dates:	Conciliation conference on 13 March 2018
Date of orders:	14 March 2018
Decision date:	14 March 2018
Jurisdiction:	Class 1
Before:	Walsh 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:	Elias Beaini (Applicant) Inner West Council (Respondent)
Representation:	Counsel: Mr M Staunton, barrister (Applicant) Mr G Christmas, solicitor (Respondent) Solicitors: Pikes & Verekers Lawyers (Applicant) Apex Planning & Environment Law (Respondent)
File Number(s):	2017/140082
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 the amended plans referred to in Condition 1 of Annexure “A”.

2. Appeal upheld.

3. Development application DA201700132 for demolition of a single storey dwelling and construction of a 5 storey mixed use development comprising ground floor commercial, boarding house above and a basement car park at 41 Fisher Street Petersham is approved subject to the conditions at Annexure “A”.

4. The applicant is to pay the respondent’s costs thrown away pursuant to s 8.15 of the Environmental Planning and Assessment Act 1979 in the sum of $15,000.00 upon execution of this agreement.

……………………….

Peter Walsh

Commissioner of the Court

Annexure A (139 KB, pdf)

Annexure B Final Plans (3.93 MB, pdf)

Amendments

19 March 2018 - Correction to representation