Kent Geeves v Inner West Council

[2017] NSWLEC 1610

Land and Environment Court

New South Wales

Medium Neutral Citation:	Kent Geeves v Inner West Council [2017] NSWLEC 1610
Hearing dates:	Conciliation conference on 24 October 2017
Date of orders:	31 October 2017
Decision date:	31 October 2017
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Kent Geeves (Applicant) Inner West Council (Respondent)
Representation:	Solicitors: Mr Rigg (Applicant) Mr Turner(Respondent)
File Number(s):	2017/00205435
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. The Applicant is granted leave to amend Development Application No. DA201700156 and to rely upon the following amended plans and documents, copies of which are behind Annexure “A”:

Plan Reference & Title	Drawn By	Dated
DA02B to DA08B DA13B	Archispectrum	25.10.17
Document Title	Prepared By	Dated
BASIX Certificate A277332_02	G Build Pty Ltd	24.10.17
Acoustic Report – Aircraft Noise Ref 2017-134	Acoustic Consulting Engineers Pty Ltd	04.04.17
Waste Management Plan – Issue A	Archispectrum	April 2017

3. The Applicant is to pay the Respondents costs, of $2,000 within 28 days, under section 97B of the Environmental Planning and Assessment Act 1979.

4. Development Application No. DA201700156 for demolition of the existing dwelling and carry out ground and first floor alterations and additions to a dwelling at 123 Station Street, Petersham, be approved subject to the conditions which are behind Annexure “B”.

D Dickson

Commissioner of the Land and Environment Court of NSW

Annexure A (Plans and BASIX) (1.88 MB, pdf)

Annexure B (C) (210 KB, pdf)