Carlton Crescent Development Pty Ltd v Inner West Council

[2018] NSWLEC 1525

Land and Environment Court

New South Wales

Medium Neutral Citation:	Carlton Crescent Development Pty Ltd v Inner West Council [2018] NSWLEC 1525
Hearing dates:	Conciliation conference on 5 October 2018
Date of orders:	08 October 2018
Decision date:	08 October 2018
Jurisdiction:	Class 1
Before:	Smithson 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:	Carlton Crescent Development Pty Ltd (Applicant) Inner West Council (Respondent)
Representation:	Solicitors: M Sonter, Mills Oakley (Applicant) M Bonnano, Inner West Council (Respondent)
File Number(s):	2017/378242
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. Noting that, in consideration of costs associated with the Respondent’s assessment of the amended application, the Applicant agrees to pay the Respondent’s costs in the amount of $12,000 by 6 December 2018, the final orders to give effect to the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979 are:

1. The Applicant is granted leave to rely on the amended plans dated 26 September 2018 (as referred to in condition 1 of Annexure “A”) for the purpose of the development application.

2. The appeal is allowed.

3. Modification application DA/2016/67.2 seeking to modify development consent DA 10.2016.67.1 for the demolition of existing structures and construction of a multi dwelling housing development to reduce the building footprint, addition of 1 townhouse from 15 to 16 townhouses, insert habitable spaces at level 2 of selected townhouses, reduce parking numbers from 28 to 26, increase in deep soil and amendments to internal layout and dwelling mix at 106 Carlton Crescent, Summer Hill is approved subject to the conditions contained in Annexure “A”.

……………………….

Jenny Smithson

Commissioner of the Court

Annexure A (C)

Annexure B (Plans)