Fiona Turner v Inner West Council

[2017] NSWLEC 1127

Land and Environment Court

New South Wales

Medium Neutral Citation:	Fiona Turner v Inner West Council [2017] NSWLEC 1127
Hearing dates:	Conciliation on 13 February, 1 March and 8 March 2017
Date of orders:	13 March 2017
Decision date:	13 March 2017
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:	Fiona Turner (Applicant) Inner West Council (Respondent)
Representation:	Solicitors: D Briggs, DG Briggs & Assocs (Applicant) L Taylor, Lindsay Taylor Lawyers(Respondent)
File Number(s):	2016/00318370
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 rely upon amended plans referred to in Condition 1 of the conditions of consent annexed hereto and marked "Annexure A"

2. The Appeal is upheld

3. Development Consent is granted to Development Application No. D/2016/278 for alterations and additions to dwelling including rear ground and first floor additions; new rear garage with studio over raised terrace on filled rear yard; new boundary fencing, at 281 Annandale Street, Annandale subject to the conditions of consent annexed hereto and marked "Annexure A"

…………….

Michael Chilcott

Commissioner

318370.16 Annexure A (C) (137 KB, pdf)

318370.16 Plans (1.20 MB, pdf)

318370.16 Basix Certificate (30.9 KB, pdf)