Lindsay v Inner West Council

[2018] NSWLEC 1259

Land and Environment Court

New South Wales

Medium Neutral Citation:	Lindsay v Inner West Council [2018] NSWLEC 1259
Hearing dates:	Conciliation conference on 30 April, 1 May 2018
Date of orders:	04 June 2018
Decision date:	04 June 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:	Michael Lindsay (Applicant) Inner West Council (Respondent)
Representation:	Counsel: A Pickles SC (Applicant) Solicitors: Mills Oakley (Applicant) J Strati, Inner West Council (Respondent)
File Number(s):	2017/333034
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. Leave granted to the applicant to rely on the amended plans and documents listed in Condition 1 of the conditions attached and marked Annexure "A".

2. The appeal is upheld.

3. Development Application No. DA201700430 for part demolition of the dwelling house (rear wing of the dwelling) and horse stable, alterations and additions of the dwelling house including two-storey addition and construction of a deck area and swimming pool at 400 Marrickville Road, Marrickville, are approved subject to the conditions in Annexure "A".

……………………….

Susan O’Neill

Commissioner of the Court

Annexure A (116 KB, pdf)