Huynh v Inner West Council

[2018] NSWLEC 1538

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Huynh v Inner West Council [2018] NSWLEC 1538
Hearing dates:	Conciliation conference on 28 September 2018
Date of orders:	10 October 2018
Decision date:	10 October 2018
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:	Van Huynh (Applicant) Inner West Council (Respondent)
Representation:	Solicitors: G McKee, McKees Legal Solutions (Applicant) S Turner, Inner West Council (Respondent)
File Number(s):	2018/72646
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 amend Development Application No. DA201700551 and to rely upon the following amended plans and documents, copies of which are behind Annexure “A”:

Plan, Revision and Issue No.	Plan Name/ Certificate Type	Date Issued	Prepared by
DA-02 Revision E	Ground Floor Plan	26.9.2018	Fortey + Grant Architecture
DA-03 Revision E	First Floor Plan	26.9.2018	Fortey + Grant Architecture
DA-04 Revision E	Roof Plan	26.9.2018	Fortey + Grant Architecture
DA-05 Revision E	East & West Elevations	26.9.2018	Fortey + Grant Architecture
DA-06 Revision E	North & South Elevations	26.9.2018	Fortey + Grant Architecture
DA-07 Revision E	Sections	26.9.2018	Fortey + Grant Architecture
DA-08 Revision E	Schedule of Colours and Finishes	26.9.2018	Fortey + Grant Architecture
DA-09 Revision E	Erosion and Sediment Control Plan	26.9.2018	Fortey + Grant Architecture
DA-11 Revision E	Subdivision and Calculations	26.9.2018	Fortey + Grant Architecture
L01 E	Landscape Plan	17.9.2018	Hortus Design
Basix Certificate No. 867494M_02	Proposed Lot 122	27.9.2018	Planning Approvals
Basix Certificate No. 867494M_02	Proposed Lot 122A	27.9.2018	Planning Approvals

2. The applicant is to pay the Council's costs thrown away as a result of the amendment of the application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $10,700 GST exclusive in full and final payment within 28 days.

3. The Applicant’s cl4.6 written request to vary the development control for FSR set out in Clause 4.4 of the Marrickville Local Environmental Plan 2011 is upheld.

4. The appeal is upheld.

5. Development Application No. DA201700551 to demolish the existing single storey dwelling, subdivision of land into 2 Torrens Title allotments, construct a new 2 storey dwelling house on each allotment at 124 Victoria Street, Dulwich Hill be approved subject to the conditions which are behind Annexure ‘B’.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (Plans)

Annexure B (C)

Amendments

15 October 2018 - Upload correct judgment with amendments.