David Hannan v Inner West Council
[2018] NSWLEC 1055
•12 February 2018
Land and Environment Court
New South Wales
Medium Neutral Citation: David Hannan v Inner West Council [2018] NSWLEC 1055 Hearing dates: Conciliation conference on 5 February 2018 Date of orders: 12 February 2018 Decision date: 12 February 2018 Jurisdiction: Class 1 Before: Chilcott 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: David Hannan (Applicant)
Inner West Council (Respondent)Representation: Solicitor:
Ms Lee-May Saw, Frederick Jordan Chambers (Applicant)
Mr Simon Turner, Inner West Council (Respondent)
File Number(s): 2017/239496 Publication restriction: No
Judgment
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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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
The Applicant is granted leave to amend Development Application No. D/2016/429 and to rely upon the following amended plans and documents, copies of which form Annexure “A”.
Plan Reference
Drawn By
Dated
DA00 D
John Oultram Heritage & Design
6 Feb 2018
DA02 D
John Oultram Heritage & Design
6 Feb 2018
DA03 C
John Oultram Heritage & Design
6 Feb 2018
DA04 E
John Oultram Heritage & Design
12 Feb 2018
DA05 D
John Oultram Heritage & Design
6 Feb 2018
DA06 D
John Oultram Heritage & Design
6 Feb 2018
DA07 D
John Oultram Heritage & Design
12 Feb 2018
DA08 C
John Oultram Heritage & Design
6 Feb 2018
Document Title
Dated 7 February 2018
BASIX Certificate
A254438_02
The appeal in respect of the property known as 4 Broderick Street, Balmain or Lot 2 in Deposited Plan 1031094, is upheld.
Development Application No. D/2016/429 for alterations and additions to the existing dwelling, is approved subject to the conditions contained in Annexure “B”.
……………………….
Michael Chilcott
Commissioner of the Court
Annexure A (4.33 MB, pdf)
Annexure B (335 KB, pdf)
Decision last updated: 13 February 2018
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