Brown v Inner West Council

[2016] NSWLEC 1371

Land and Environment Court

New South Wales

Medium Neutral Citation:	Brown v Inner West Council [2016] NSWLEC 1371
Hearing dates:	Conciliation conference on 30 August 2016
Date of orders:	30 August 2016
Decision date:	30 August 2016
Jurisdiction:	Class 1
Before:	Fakes C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION; Mixed use development; heritage; bulk and scale; waste management; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Kevin Brown (Applicant) Inner West Council (Respondent)
Representation:	Counsel: Applicant: Ms J Reid Respondent: Ms J McKelvey   Solicitors: Applicant: Pikes & Verekers Lawyers Respondent: Inner West Council
File Number(s):	150287 of 2016
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. The Applicant is granted leave to rely upon the amended plans and documentation as referred to in Condition 1 of Annexure ‘A’ annexed hereto.

2. The appeal is upheld.

3. Development Application D/2015/390 for the demolition of the existing building structures at 383, 387-389 Darling Street and 2 North Street and the construction of a three storey mixed use development with a single basement level is approved subject to the conditions set out in Annexure ‘A’

The Court notes the agreement that there be no order as to costs.

______________________

Judy Fakes

Commissioner of the Court

150287.16 Annexure A - Conditions of Consent (288 KB, pdf)