Fahy v Inner West Council

[2018] NSWLEC 1463

Land and Environment Court

New South Wales

Medium Neutral Citation:	Fahy v Inner West Council [2018] NSWLEC 1463
Hearing dates:	Conciliation conference on 22 – 23 August 2018
Date of orders:	30 August 2018
Decision date:	30 August 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:	Adrian Fahy (Applicant) Inner West Council (Respondent)
Representation:	Counsel: J Reid (Applicant) Solicitors: Hartley Solicitors (Applicant) S Turner, Inner West Council (Respondent)
File Number(s):	2018/56147
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The applicant is granted leave to rely on the plans listed under Condition 1(a) below the heading ‘(1) Approved plans stamped by Council’ in Annexure ‘A’.

2. Appeal upheld; and

3. Development application number DA 10.2017.091.1 for alterations and additions to a dwelling house including a first-floor level and attic at 50 Sloane Street, Summer Hill is approve subject to the conditions in Annexure ‘A’

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (280 KB, pdf)