Hafford v Inner West Council

[2018] NSWLEC 1562

Land and Environment Court

New South Wales

Medium Neutral Citation:	Hafford v Inner West Council [2018] NSWLEC 1562
Hearing dates:	Conciliation conference on 22 October 2018
Date of orders:	22 October 2018
Decision date:	22 October 2018
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See [5] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Matthew James Hafford (Applicant) Inner West Council (Respondent)
Representation:	Solicitors: K Fairley, Brock Partners Lawyers (Applicant) M Bonanno, Inner West Council (Respondent)
File Number(s):	2018/117316
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal by Matthew James Hafford against the actual refusal by Inner West Council of development application (D/2017/685). The application seeks approval for alterations and additions to a dwelling, including an addition to the side of the house, and associated works, including: new pool; removal of a tree; new sliding gate at the street frontage; and minor landscaping works at 15 Turner Street, Balmain (Lot 204 DP 1110000).

2. 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”.

3. 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.

4. 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.

5. 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 amend Development Application No. D/2017/685 and to rely upon the following amended plans and documents:

Plan Reference	Drawn By	Dated
0000 (Cover), Rev C	Fearns Studio	2 Oct 2018
1100 (Ground), Rev C	Fearns Studio	2 Oct 2018
1101 (First Floor), Rev C	Fearns Studio	2 Oct 2018
1102 (Attic), Rev C	Fearns Studio	2 Oct 2018
1103 (Roof), Rev C	Fearns Studio	2 Oct 2018
2000 (North West Elevation), Rev C	Fearns Studio	2 Oct 2018
2001 (North East Elevation), Rev C	Fearns Studio	2 Oct 2018
2002 (South East Elevation), Rev C	Fearns Studio	2 Oct 2018
3000 (Section AA), Rev C	Fearns Studio	2 Oct 2018
3001 (Section BB), Rev C	Fearns Studio	2 Oct 2018
3002 (Section CC), Rev C	Fearns Studio	2 Oct 2018
7000 (BASIX Commitments), Rev C	Fearns Studio	2 Oct 2018
BASIX Certificate	Prepared By	Dated
A282140_03	Fearns Studio	2 Oct 2018

2. The Applicant’s clause 4.6 request, prepared by All About Planning and dated 27 September 2018, for a variation of the Floor Space development standards under Leichhardt Local Environmental Plan 2011, a copy of which is behind Annexure “B”, is upheld.

3. The appeal is upheld.

4. Development Application No. D/2017/547 for ground and first floor alterations and additions to existing residence, and associated works, including new carport at rear, landscaping and tree removal, at 368 Annandale Street, Annandale, be approved subject to the conditions which are behind Annexure “A”.

6. The Court noted the applicant’s agreement with the respondent to pay costs pursuant to Clause 3.7 of the Land and Environment Court Rules 2007 to pay the respondent’s costs of reassessment of the revised plans in an agreed sum of $2,000.00 within 28 days of the date of these orders.

……………………….

D M Dickson

Commissioner of the Court

Annexure A (407 KB, pdf)

Plans (5.14 MB, pdf)