Lundevall v Inner West Council

[2018] NSWLEC 1464

Land and Environment Court

New South Wales

Medium Neutral Citation:	Lundevall v Inner West Council [2018] NSWLEC 1464
Hearing dates:	Conciliation conference on 24 – 25 July 2018; 29 August 2018
Date of orders:	29 August 2018
Decision date:	29 August 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:	Jan-Peter Lundevall (Applicant) Inner West Council (Respondent)
Representation:	Counsel: J Smith (Applicant) Solicitors: Project Lawyers (Applicant) M Bonanno, Inner West Council (Respondent)
File Number(s):	2018/10875
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The appeal is upheld.

2. Development consent is granted to Development Application No. D/2017/622 for the part demolition and two storey rear addition to residence, construction of a new attached dwelling at the rear of the site and associated works and strata subdivision subject to the conditions in Annexure “A”.

3. No order as to costs.

……………………….

Susan O’Neill

Commissioner of the Court

Annexure A (289 KB, pdf)