Grant Crowle v Inner West Council

[2016] NSWLEC 1463

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Grant Crowle v Inner West Council [2016] NSWLEC 1463
Hearing dates:	Conciliation conference on 7 October 2016
Date of orders:	07 October 2016
Decision date:	07 October 2016
Jurisdiction:	Class 1
Before:	Morris C
Decision:	See (4) below
Catchwords:	MODIFICATION OF DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Grant Crowle (Applicant) Inner West Council (Respondent)
Representation:	Counsel: Mr M Staunton (Applicant) Solicitors: Mr M Jaku, Jaku Legal (Applicant) Mr S Turner, Inner West Council (Respondent)
File Number(s):	2016/227936
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 Appeal is upheld.

2. Section 96(2) application no. M/2016/77 lodged with the Respondent on 21 April 2016 to modify Development Consent No. DAREV/2015/14 for alterations and additions to the existing dwelling at 64 Campbell Street, Balmain is determined by approving the modifications as set out in Annexure A.

3. As a consequence of order 2, Development Consent No. DAREV/2015/4 is now subject to the consolidated, modified conditions of development consent set out in Annexure B.

…………….

Commissioner Morris

227936.16 Morris - Annexure A (221 KB, pdf)

227936.16 Morris - Annexure B (479 KB, pdf)

Amendments

21 October 2016 - Typographical error corrected in paragraph 4(3).