Chelzi Pty Ltd v Inner West Council

[2018] NSWLEC 1338

Land and Environment Court

New South Wales

Medium Neutral Citation:	Chelzi Pty Ltd v Inner West Council [2018] NSWLEC 1338
Hearing dates:	Conciliation conference on 1 May 2018 and 13 June 2018
Date of orders:	05 July 2018
Decision date:	05 July 2018
Jurisdiction:	Class 1
Before:	Bish 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:	Chelzi Pty Ltd (Applicant) Inner West Council (Respondent)
Representation:	Solicitors: K Gerathy, HWL Ebsworth Lawyers (Applicant) S Turner, Inner West Council (Respondent)
File Number(s):	2017/340786
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The Applicant is granted leave to rely on amended plans as set out in “Annexure A”;

2. The Appeal is upheld;

3. Development Application No. D/2017/33, for alterations and additions to the rear of the existing dwelling with a single car space at grade, and associated works including a swimming pool, a 1000L rainwater tank to the Rosieville Street elevation and two trees planted within the front gardens at 2 Young Street, Balmain, is determined by approval subject to conditions as set out in “Annexure B”.

4. Each party is to pay its own costs.

5. The Respondent's costs pursuant to Order number 2 made 21 November 2017 are nil.

……………………….

Sarah Bish

Commissioner of the Court

Annexure A (2.36 MB, pdf)

Annexure B (391 KB, pdf)