John Cominos v Inner West Council
[2017] NSWLEC 1094
•24 February 2017
Land and Environment Court
New South Wales
Medium Neutral Citation: John Cominos v Inner West Council [2017] NSWLEC 1094 Hearing dates: Conciliation conference on 31 January & 14 February 2017 Date of orders: 24 February 2017 Decision date: 24 February 2017 Jurisdiction: Class 1 Before: Fakes AC Decision: See (4) below
Catchwords: DEVELOPMENT APPLICATION: subdivision and construction of three dwellings; tree protection; setbacks; streetscape; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: John and Eleni Conimos (Applicant)
Inner West Council (Respondent)Representation: Solicitor:
Mr A Whealy, Mills Oakley (Applicant)
Mr G Christmas, Apex Planning & Environment Law (Respondent)
File Number(s): 2016/00307366 Publication restriction: No
Judgment
-
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”.
-
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.
-
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.
-
The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
Leave is granted to the Applicant to rely on the following amended plans:
Plan, Revision and Issue No.
Plan Name/ Certificate
Type
Date Issued
Prepared by
DA02b Issue C
Ground Floor Plan
13/02/17
Archispectrum
DA03b Issue C
First Floor Plan
13/02/17
Archispectrum
DA04b Issue C
Loft Plan
13/02/17
Archispectrum
DA05b Issue C
Site & Roof Plan
13/02/17
Archispectrum
DA06b Issue C
South Elevation
13/02/17
Archispectrum
DA07b Issue C
North Elevation
13/02/17
Archispectrum
DA08b Issue C
East Elevation
13/02/17
Archispectrum
DA09b Issue C
West Elevation
13/02/17
Archispectrum
DA10b Issue C
Section AA
13/02/17
Archispectrum
DA11b Issue C
Subdivision Plan
13/02/17
Archispectrum
DA18a Issue C
Concept Stormwater Plan
13/02/17
Archispectrum
DA19a Issue C
Erosion and Sediment Control Plan
13/02/17
Archispectrum
DA20a Issue C
External Finishes Schedule
13/02/17
Archispectrum
Rev C
Landscape Plan
13/02/2017
Site Design + Studios
Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent’s costs agreed at $1,000.00 upon execution of this Agreement.
The appeal is upheld.
Development consent is granted to DA201600161 for demolition of the existing dwelling; the subdivision of the existing lot into 3 lots; and the construction of a dwelling house on each lot on the land known as 11 Alfred Street, St Peters subject to the conditions at Annexure “A”.
……………………….
Acting Commissioner Fakes
Decision last updated: 27 February 2017
0
0
1