Frangieh v Inner West Council

[2016] NSWLEC 1472

Land and Environment Court

New South Wales

Medium Neutral Citation:	Frangieh & anor v Inner West Council [2016] NSWLEC 1472
Hearing dates:	Conciliation conference on 29 August 2016
Date of orders:	13 September 2016
Decision date:	13 September 2016
Jurisdiction:	Class 1
Before:	O’Neill C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Sonia Frangieh and Joseph Frangieh (Applicants) Inner West Council (Respondent)
Representation:	Counsel: Mr P. Jackson solicitor (Applicant) Mr S. Turner solicitor (Respondent)   Solicitors: Pikes & Verekers Lawyers (Applicant) Inner West Council (Respondent)
File Number(s):	166973 of 2016

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 were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

1. The Applicant is granted leave to rely upon the amended plans and documentation as referred to in Condition 1 of Annexure ‘A’ annexed hereto;

2. The cl 4.6 variation to cl 4.4(2) of Leichhardt Environmental Plan 2013 prepared by Think Planners Pty Ltd is agreed by the parties to be well founded and is upheld;

3. The appeal is upheld;

4. Development Application D/2016/126 for the alterations and additions to the existing property is approved subject to the conditions set out in Annexure ‘A’;

5. The Applicant is to pay the Respondent’s costs arising under s 97B of the Environmental Planning and Assessment Act 1979 as agreed or as assessed.

…………….

Susan O’Neill

Commissioner

166973.16 - Annexure A (80.2 KB, pdf)