Legge and Legge Architects Pty Ltd v Inner West Council

[2018] NSWLEC 1483

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Legge & Legge Architects Pty Ltd v Inner West Council [2018] NSWLEC 1483
Hearing dates:	Conciliation conference on 3 September 2018
Date of orders:	13 September 2018
Decision date:	13 September 2018
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
Category:	Principal judgment
Parties:	Legge & Legge Architects Pty Ltd (Applicant) Inner West Council (Respondent)
Representation:	Solicitors: S Kondilios, Hall and Wilcox Lawyers (Applicant) S Turner, Inner West Council (Respondent)
File Number(s):	2018/42711
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 Applicant is granted leave to amended Development Application No. D/2017/494 and to rely upon the following amended plans and documents, copies of which are behind Annexure ‘A’:

Plan, Revision and Issue No.	Plan Name/ Certificate Type	Date Issued	Prepared by
DA102, Rev H	Subdivision Plan	03.09.18	Legge & Legge Architects
DA111-113, 120-122, 130, 150-152 & 154, all Rev H	Architectural Plans	03.09.18	Legge & Legge Architects
DA109, 110 & 131, all Rev I	Architectural Plans	10.09.18	Legge & Legge Architects
DA Revision B	Landscape Plans	11.09.18	Shobha Designs
17MB7579/D01 Issue A	Stormwater Plans	22.09.2017	United Consulting Engineers Pty Ltd
BA170907	Aircraft Noise Assessment	October 2017	Blackett Acoustics
Revision C	Materials & Finishes Schedule	04.09.18	Legge & Legge Architects
861726_02	BASIX Certificate Lot 19a	06.09.18	Renovation Solutions Pty Ltd
861167S_02	BASIX Certificate Lot 19	06.09.18	Renovation Solutions Pty Ltd

2. The appeal is upheld.

3. The applicant is to pay the Council's costs thrown away as a result of the amendment of the application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $8,000 GST inclusive in full and final payment within 28 days.

4. Development Application No. D/2017/494 for demolition of all structures, subdivision of the allotment into two allotments and construction of two x three storey semi-detached dwellings, at 19 Margaret Street, Stanmore, be approved subject to the conditions which are behind Annexure ‘B’.

……………………….

Commissioner O’Neill

Annexure A

Annexure B (C)

Amendments

19 September 2018 - Attached Annexures A and B.