Hall v Inner West Council

[2018] NSWLEC 1237

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Hall v Inner West Council [2018] NSWLEC 1237
Hearing dates:	Conciliation conference on 18 May 2018
Date of orders:	18 May 2018
Decision date:	18 May 2018
Jurisdiction:	Class 1
Before:	Anastasi AR
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:	Chris Hall (Applicant) Inner West Council (Respondent)
Representation:	Solicitor: D Briggs, D G Briggs & Associates (Applicant) M Bonanno, Inner West Council (Respondent)
File Number(s):	2017/384547
Publication restriction:	No

Judgment

1. ASSISTANT REGISTRAR: 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 Registrar, 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 on amended plans as set out in Condition 1 of “Annexure A”;

2. The Appeal is upheld;

3. The Applicant’s development application (D/2017/478) for alterations and additions to existing residence, associated works, including new rear decking, new rear water closet and alterations to garage at 334 Catherine Street, Lilyfield is determined by the grant of development consent subject to the conditions set out in “Annexure A”.

……………………….

Maria Anastasi

Assistant Registrar

Annexure A (463 KB, pdf)

Annexure B (3.03 MB, pdf)

Amendments

21 May 2018 - Pursuant to UCPR 36.17, the slip rule, amend Orders of 18 May 2018, correction to order (1)