Jones v Inner West Council

[2017] NSWLEC 1477

Land and Environment Court

New South Wales

Medium Neutral Citation:

Jones v Inner West Council [2017] NSWLEC 1477

Hearing dates:

Conciliation conference on 1 September 2017

Date of orders:

01 September 2017

Decision date:

01 September 2017

Jurisdiction:

Class 1

Before:

Gray C

Decision:

See (4) below

Catchwords:

DEVELOPMENT APPLICATION – additional level to townhouse - conciliation conference - agreement between the parties - orders

Legislation Cited:

Land and Environment Court Act 1979

Category:

Principal judgment

Parties:

Glen Jones (Applicant)
Inner West Council (Respondent)

Representation:

Counsel:
Mr W Soon (Applicant)

Solicitor:
Mr M Bonanno, Inner West Council (Respondent)

Agent:
Mr R Creighton, Australian Town Planning (Applicant)

File Number(s):

2017/233982

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 appeal in respect of the property known as 3 Simmons St, Balmain or Lot 2 SP 11609, is upheld.

2. Development application with the Council’s reference D/2016/465 for the addition of a level to an existing townhouse is approved subject to the conditions contained in Annexure “A” hereto.

……………………….

Commissioner Gray

233982.17 Gray (C) (329 KB, pdf)