Murray v Inner West Council

[2018] NSWLEC 1057

Land and Environment Court

New South Wales

Medium Neutral Citation:	Murray v Inner West Council [2018] NSWLEC 1057
Hearing dates:	Conciliation conference on 12 February 2018
Date of orders:	14 February 2018
Decision date:	14 February 2018
Jurisdiction:	Class 1
Before:	Adam AC
Decision:	See (4) below
Catchwords:	MODIFICATION APPLICATION: removal of a tree; appropriate replacement tree; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Kirstine Murray (Applicant 1) William Forster (Applicant 2) Inner West Council (Respondent)
Representation:	Solicitor: Tony Sattler, Sattler & Associates (Applicant) Mark Bonanno, Inner West Council (Respondent)
File Number(s):	2017/257501
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 Appeal is upheld.

2. Leave is granted to the applicant to rely upon the amended architectural plans DA 01 to DA 10 all revision B and dated 1.2.18 by Connor & Solomon Architects and Landscape Plan LP01-A of Selena Hannan dated 25.01.2018 as listed in Annexure A – Table to condition of consent No.1 :

3. Consent is granted to Modification Application M/2017/88 modifying DA D/2016/576 for demolition of existing structures and construction of alterations and additions to No. 2 Hutcheson Street Rozelle the s.96 EP&A Act application is approved subject to the consolidated conditions of consent annexed hereto and marked “A".

4. The Court notes that the consent was able to be granted pursuant to Clause C1.14.7 (f) and (g) of the Leichhardt Development Control Plan 2013.

……………………….

Acting Commissioner Adam

Annexure A (193 KB, pdf)

Annexure B (8.21 MB, pdf)