Jesse Adams Stein v Inner West Council

[2017] NSWLEC 1623

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Jesse Adams Stein & Anor v Inner West Council [2017] NSWLEC 1623
Hearing dates:	Conciliation conference on 3 November 2017
Date of orders:	07 November 2017
Decision date:	07 November 2017
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	MODIFICATION: modification of conditions of consent for alterations and additions to an existing dwelling conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Jesse Adams Stein (First Applicant) Eugene Schofield-Georgeson (Second Applicant) Inner West Council (Respondent)
Representation:	Mr Simon Turner, in person (First Applicant) Mr J Strati, Solicitor, Inner West Council (Respondent)
File Number(s):	2017/232334
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of the modification of Development Consent No. D/2016/599 for alterations and additions to an existing dwelling including a rear addition with new lower ground floor, first floor and alterations to the existing façade at 344 Young Street, Annandale.

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 s34(3) of the Land and Environment Court Act 1979 are:

1. The Appeal is upheld.

2. Development Consent No. D/2016/599 for alterations and additions to an existing dwelling including a rear addition with new lower ground floor, first floor and alterations to the existing façade at 344 Young Street, Annandale is determined by approving the modifications as set out in “Annexure A”.

3. As a consequence of order 2(b), Development Consent No. DA/2016/599 is now subject to the consolidated, modified conditions of development consent set out in “Annexure B”.

……………………….

Commissioner G Brown

Annexure A (C) (128 KB, pdf)

Annexure B (C) (481 KB, pdf)

Amendments

08 November 2017 - Legal representative name corrected for Applicant