Boyce v Inner West Council

[2016] NSWLEC 1561

Land and Environment Court

New South Wales

Medium Neutral Citation:	Boyce v Inner West Council [2016] NSWLEC 1561
Hearing dates:	Conciliation conference on 28 September, 18 October, 15 November 2016
Date of orders:	22 November 2016
Decision date:	22 November 2016
Jurisdiction:	Class 1
Before:	Smithson C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Greg Boyce (Applicant) Inner West Council (Respondent)
Representation:	Counsel: Mr Staunton (Applicant) Solicitors: - (Applicant) Mr Christmas, Apex Planning and Environment Law, (Respondent)
File Number(s):	2016/00183267
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, 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:

Drawing No. and Revision	Plan / Certificate Type	Date
DA101 Issue B	Lower Ground Floor Plan	26-07-2016
DA102 Issue B	Upper Ground Floor Plan	04-10-2016
DA103 Issue B	First Floor Plan	04-10-2016
DA104 Issue B	Second Floor Plan	04-10-2016
DA105 Issue B	Third Floor Plan	04-10-2016
DA106 Issue B	Fourth Floor Plan	04-10-2016
DA107 Issue B	Fifth Floor Plan	04-10-2016
DA108 Issue B	Sixth Floor Plan	04-10-2016
DA109 Issue C	Roof Terrace Plan	21-10-2016
DA200 Issue D	North Western Elevation South Eastern Elevation	21-10-2016
DA201 Issue C	South Western Elevation	21-10-16
DA202 Issue C	North Eastern Elevation	21-10-2016
CC203 Issue A	North Western Elevation - Internal	21-10-2016
CC210 Issue E	Section A-A	21-10-2016

2. Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent’s costs agreed at $3,000.00 upon execution of this Agreement.

3. The appeal is upheld.

4. Development consent is granted to DA201600206 for alterations and additions to an approved boarding house at 244-244A Wardell Road, Dulwich Hill subject to the conditions at Annexure “A”.

…………….

Jenny Smithson

Commissioner

183267.16 - Annexure A - Conditions of Consent (97.6 KB, pdf)

183267.16 - Amended plans (3.99 MB, pdf)