Karl Barrie v Inner West Council

[2017] NSWLEC 1438

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Karl Barrie v Inner West Council [2017] NSWLEC 1438
Hearing dates:	Conciliation Conference on 11 August 2017
Date of orders:	14 August 2017
Decision date:	14 August 2017
Jurisdiction:	Class 1
Before:	Dixon C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Cases Cited:	Nil
Texts Cited:	Nil
Category:	Principal judgment
Parties:	Karl Barrie (Applicant) Inner West Council (Respondent)
Representation:	Mr A Knox (Applicant) Mr S Turner (Respondent)
File Number(s):	140059 of 2017
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. Development application DA 2017/00071976 for part demolition of the premises, and alterations and additions to ground and first floor of a dwelling house. at 59 Thornley Street, Marrickville is approved subject to the conditions in Annexure “A” hereto.

3. The applicant is granted leave to rely upon the plans referred to in condition 1 of Annexure “A”.

…………….

Commissioner Dixon

140059.17 (Conditions) (236 KB, pdf)

140059.17 (Plans) (3.35 MB, pdf)

Amendments

15 August 2017 - Administrative error - plans added