Daniel Thompson v Inner West Council

[2017] NSWLEC 1331

Land and Environment Court

New South Wales

Medium Neutral Citation:	Daniel Thompson v Inner West Council [2017] NSWLEC 1331
Hearing dates:	Conciliation conference on 22 June 2017
Date of orders:	23 June 2017
Decision date:	23 June 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
Category:	Principal judgment
Parties:	Daniel Thompson (Applicant) Inner West Council (Respondent)
Representation:	Counsel: Ms A Hemmings (Applicant) Solicitors: Mr D Thompson (Applicant in Person) Mr M Bonanno, Lindsay Taylor Lawyers (Respondent)
File Number(s):	2016/365501
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. Leave is granted to rely upon the amended plans dated 26 May 2017 as set out in condition A(1) of Annexure A.

2. The appeal is upheld.

3. Development application No. DA 10.2016.148.1 for a second driveway crossing, new driveway, improvements to existing driveway, carport, installation of electric gates, painting of dwelling, front perimeter fence, landscaping and the removal of two street trees is approved subject to the conditions set out in Annexure A.   

4. No order as to costs.

……………………….

Senior Commissioner Martin

365501.16 Martin (C) (195 KB, pdf)

365501.16 Martin - 1.Site Analysis_E (248 KB, pdf)

365501.16 Martin - 2.Site Plan_E (335 KB, pdf)

365501.16 Martin - 3.Plans+Sections (176 KB, pdf)

365501.16 Martin - 4.Elevations (137 KB, pdf)

365501.16 Martin - 5.Driveway Sections_E (143 KB, pdf)

365501.16 Martin - 6.Front Fence Elevation (145 KB, pdf)

365501.16 Martin - 7.Silt+Sediment Control (401 KB, pdf)

365501.16 Martin - 9.Section A-A_E (255 KB, pdf)

365501.16 Martin - N1 - Notification Site Plan (401 KB, pdf)

365501.16 Martin - N2 - Notification Elevations (168 KB, pdf)