Medina Developments Pty Ltd v Inner West Council

[2017] NSWLEC 1123

Land and Environment Court

New South Wales

Medium Neutral Citation:	Medina Developments Pty Ltd v Inner West Council [2017] NSWLEC 1123
Hearing dates:	Conciliation conference on 8 & 22 February 2017
Date of orders:	09 March 2017
Decision date:	09 March 2017
Jurisdiction:	Class 1
Before:	Chilcott 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:	Medina Developments Pty Ltd (Applicant) Inner West Council (Respondent)
Representation:	Solicitor: Mr A Whealy, Mills Oakley (Applicant) J Strati, Inner West Council (Respondent)
File Number(s):	2016/275786
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 rely upon the amended plans referred to in condition 1 in Part B of Annexure “A.”

2. The Applicant is to pay $2,000.00 in full and final settlement of the Respondent’s costs arising under section 97B of the Environmental Planning and Assessment Act 1979.

3. The appeal is upheld.

4. Development Application No. 201600166 which was lodged on 14 April 2016 for demolition of existing structures, construction of 2 x semi-detached dwellings and torrens title subdivision at 16 School Parade, Marrickville is approved subject to the conditions contained in Annexure “A”.

……………………….

Michael Chilcott

Commissioner

275786.16 Annexure A (C) (281 KB, pdf)

275786.16 Plans (9.87 MB, pdf)