Michael v Inner West Council

[2017] NSWLEC 1552

Land and Environment Court

New South Wales

Medium Neutral Citation:	Michael v Inner West Council [2017] NSWLEC 1552
Hearing dates:	Conciliation conference on 29 September 2017
Date of orders:	29 September 2017
Decision date:	29 September 2017
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: alterations and additions to an existing dwelling; conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Dennis Michael (Applicant) Inner West Council (Respondent)
Representation:	Solicitors: Mr S Kondilios, Hall and Wilcox (Applicant) Mr M Bananno, Inner West Council (Respondent)
File Number(s):	2017/232630
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of Development Application D/2017/239 for alterations and additions to an existing dwelling at 15 Emma Street, Leichhardt.

2. 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”.

3. 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.

4. 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.

5. The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:

1. Leave is granted for the Applicant to rely on the amended plans listed in paragraph 1 of the conditions set out in Annexure A, being the plans prepared by Marcellino Architects dated 12 September 2017 and identified as:

1. A080 F - A082 F

2. A100 F - A 102 F

3. A200 F - A202 F

4. A250 F

5. A500 F

6. A550 F

7. A800 F.

2. The appeal is upheld and Development Application D/2017/239, for dwelling alterations and additions to the existing dwelling at 15 Emma Street, Leichhardt NSW 2040, is approved, subject to the conditions set out in Annexure A.

3. The Applicant is to pay costs in the amount of $3,750.00 to the Respondent pursuant to section 97B of the Environmental Planning and Assessment Act 1979 (NSW).

____________

G Brown

Commissioner of the Court

Annexure A (C) (343 KB, pdf)