Craig Day and Katherine Jude v Inner West Council

[2017] NSWLEC 1398

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Craig Day & Katherine Jude v Inner West Council [2017] NSWLEC 1398
Hearing dates:	Conciliation Conference on 28 July 2017
Date of orders:	28 July 2017
Decision date:	28 July 2017
Jurisdiction:	Class 1
Before:	Martin SC
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Cases Cited:	Nil
Texts Cited:	Nil
Category:	Principal judgment
Parties:	Craig Day (First Applicant) Katherine Jude (Second Applicant) Inner West Council (Respondent)
Representation:	Mr D Briggs (Solicitor) (Applicant) Mr S Turner (Solicitor) (Respondent)
File Number(s):	2017/146756
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 Appeal is upheld.

2. Section 96 application number M/2017/45 lodged with the Respondent on 29 March 2017 to modify Development Consent No. DA/2016/549 for a new first floor addition to the existing dwelling at 64 Evans Street, Rozelle is determined by approving the modifications as set out in “Annexure A”.

3. As a consequence of order 2(b), Development Consent No. DA/2016/549 is now subject to the consolidated, modified conditions of development consent set out in “Annexure B”.

…………….

Rosemary Martin

Senior Commissioner

146756.17(Appendix A) (153 KB, pdf)

146756.17(Appendix B) (340 KB, pdf)

Amendments

02 August 2017 - Representation altered