DCP Developments Pty Ltd v Inner West Council

[2016] NSWLEC 1325

Land and Environment Court

New South Wales

Medium Neutral Citation:	DCP Developments Pty Ltd v Inner West Council [2016] NSWLEC 1325
Hearing dates:	Conciliation conference on 21 July and 5 August 2016
Date of orders:	08 August 2016
Decision date:	08 August 2016
Jurisdiction:	Class 1
Before:	Tuor 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:	DCP Developments Pty Ltd (Applicant) Inner West Council (Respondent)
Representation:	Mr G Green, Pikes & Verekers Lawyers (Applicant) Mr J Strati, Inner West Council (Respondent)
File Number(s):	2016/160264
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, 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 DA 2015/00484 in accordance with the plans and documentation set out in condition 3 of the conditions annexed at “A” to this agreement

2. The appeal is upheld.

3. Development Application DA 2015/00484 for the demolition of existing improvements and the construction of a 7-storey mixed use development with a commercial tenancy, 1 car parking space and 7 motorcycle spaces on ground floor, 32 boarding rooms (including a caretaker’s unit) on the upper floor levels and basement, bicycle and waste storage facilities at Lot 31 in DP 3253 being 247-249 Wardell Road, Marrickville is approved subject to the conditions annexed to this Agreement at “A”.

…………………

Annelise Tuor

Commissioner

160264.16 Tuor (C) (313 KB, pdf)

160264.16 Tuor - 247-249 Wardell Rd Dulwich Hill - final amended plans (6.51 MB, pdf)