Dimitrios Markakis v Inner West Council

[2017] NSWLEC 1424

Land and Environment Court

New South Wales

Medium Neutral Citation:	Dimitrios Markakis v Inner West Council [2017] NSWLEC 1424
Hearing dates:	Conciliation Conference on 7 August 2017
Date of orders:	07 August 2017
Decision date:	07 August 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:	Dimitrios Markakis (Applicant) Inner West Council (Respondent)
Representation:	Mr A Markakis (Authorised Agent) (Applicant) Mr K Webber (Solicitor) (Respondent)
File Number(s):	2016/280657
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 given leave to amend the development application by substituting the following plans as the plans relied upon for the purposes of the development application:

Architectural Plans and Documents
Drawing No.	Dated	Prepared By
DA02 Issue C	February 2017	BTP
DA03 Issue C	February 2017	BTP
DA06 Issue C	February 2017	BTP
Accessibility Report	13 February 2017	Howard Moutrie
BCA – Additional Compliance Report (rooms 12 to 17)	15 February 2017	Murrow Consulting
Amended Plan of Management (Rooms 12 to 17)	15 February 2017
Amended Guest Details Form (Rooms 12 to 17)	15 February 2017
Amended Guest Registration Form (Rooms 12 to 17)	15 February 2017
Amended Hotel Rules and Regulations (Rooms 12 to 17)	15 February 2017

2. The Applicant is to pay the costs thrown away as a result of amending the development application pursuant to section 97B of the Environmental Planning    and Assessment Act 1979 in the sum of $5,000 within 28 days.

3. The appeal is upheld.

4. Development Application No. DA 2015/00721 for use of 6 rooms as hotel or motel accommodation, installation of a lift and upgrade of a bathroom at the Lewisham Hotel at 794 Parramatta Road, Lewisham is determined by approving the plans referred to in condition A1 of Annexure “A” and subject to the conditions of development consent set out in Annexure “A”.

…………….

Rosemary Martin

Senior Commissioner

280657.17 (C) (194 KB, pdf)