Kamerman v Inner West Council

[2017] NSWLEC 1574

Land and Environment Court

New South Wales

Medium Neutral Citation:	Kamerman v Inner West Council [2017] NSWLEC 1574
Hearing dates:	Conciliation conference on 11 October 2017
Date of orders:	13 October 2017
Decision date:	13 October 2017
Jurisdiction:	Class 1
Before:	O’Neill C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Texts Cited:	Nil
Category:	Principal judgment
Parties:	Damien Kamerman (Applicant) Inner West Council (Respondent)
Representation:	Counsel: Mr D. Briggs solicitor (Applicant) Mr M. Bonanno solicitor (Respondent) Solicitors: DG Briggs & Associates (Applicant) Inner West Council (Respondent)
File Number(s):	2017/151290
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 is upheld.

2. Leave is granted to the Applicant to rely upon the amended plans produced for purposes of conciliation as amended during the conciliation process.

3. Development Application number D/2017/79 lodged with the Respondent on 27 February 2017 for alterations and additions to the existing dwelling and ancillary development at 69 Ryan Street, Lilyfield is granted consent in accordance with the plans set out in “Annexure A”.

……………………….

Susan O’Neill

Commissioner of the Land and Environment Court of NSW

Annexure A (419 KB, pdf)

Plans (1.48 MB, pdf)