Jedani v Inner West Council

[2016] NSWLEC 1232

Land and Environment Court

New South Wales

Medium Neutral Citation:	Jedani v Inner West Council [2016] NSWLEC 1232
Hearing dates:	Conciliation conference on 30 May 2016
Date of orders:	03 June 2016
Decision date:	03 June 2016
Jurisdiction:	Class 1
Before:	Morris 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:	Tony Jedani (Applicant) Inner West Council (formerly Leichhardt Council) (Respondent)
Representation:	Counsel: Mr P Tomasetti SC (Applicant)   Solicitors: Mr M Bonano, Inner West Council (Respondent)
File Number(s):	2016/151122
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. Leave be granted to change the Respondent’s name from Leichhardt Council to Inner West Council.

3. The Applicant is granted leave to rely on the amended plans as referred to in the conditions of consent contained in Annexure “A”.

4. The Modification application filed with the Court pursuant to s96(8) of the Environmental Planning and Assessment Act 1979 to modify Development Consent D/2014/334 filed with the Court on 8 March 2016 is determined by approving the modifications as set out in Annexure ‘A’.

5. As a consequence of order 2, development consent no D/2014/334 is now subject to the consolidated, modified conditions of development consent set out in Annexure ‘B’ and the consolidated set of plans set out in Annexure ‘C’.

…………….

Sue Morris

Commissioner

151122.2016 Morris (C Annexure A) (210 KB, pdf)

151122.2016 Morris (C Annexure B) (485 KB, pdf)

151122.16 Morris (C Annexure C)) (2.20 MB, pdf)