Chandos House Pty Ltd v Inner West Council

[2018] NSWLEC 1136

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Chandos House Pty Ltd v Inner West Council [2018] NSWLEC 1136
Hearing dates:	Conciliation conference on 16 January 2018, 14 February 2018 and 16 March 2018
Date of orders:	16 March 2018
Decision date:	16 March 2018
Jurisdiction:	Class 1
Before:	Chilcott 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:	Chandos House Pty Ltd (Applicant) Inner West Council (Respondent)
Representation:	Solicitor: Joshua Palmer, Pikes & Verekers Lawyers (Applicant) Mark Bonanno, Inner West Council (Respondent)
File Number(s):	2017/272007
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 plans and documents referred to in general condition A1 to Annexure “A”.

2. The appeal is upheld

3. Development Application DA 17.2016/341 for demolition of existing structures and construction of a four storey boarding house containing 29 boarding rooms and basement parking at 33 Chandos Street, Ashfield is approved subject to the conditions annexed hereto and marked with the letter “A”.

4. The applicant is to pay the respondent’s costs thrown away pursuant to s8.15 of the Environmental Planning and Assessment Act 1979 in the sum of $6,000.00 within 28 days.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A SR (221 KB, pdf)

Amendments

20 March 2018 - Pursuant to UCPR 36.17, the slip rule, amend orders of 16 March 2018 [amendment made to Order 3].

19 April 2018 - Pursuant to UCPR 36.17, the slip rule, amendment to orders of 20 March 2018 [amended Annexure A, by consent].

04 June 2018 - Pursuant to UCPR 36.17, the slip rule, amendment to orders of 20 March 2018 [amended Annexure A, by consent, deletion of Condition H(1)(k)].

Decision last updated: 04 June 2018