David Hannan v Inner West Council

[2018] NSWLEC 1055

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

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 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

2. The appeal in respect of the property known as 4 Broderick Street, Balmain or Lot 2 in Deposited Plan 1031094, is upheld.

3. 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)