Nathan Hall v Inner West Council

[2017] NSWLEC 1539

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Nathan Hall v Inner West Council [2017] NSWLEC 1539
Hearing dates:	Conciliation conference on 26 September 2017
Date of orders:	27 September 2017
Decision date:	27 September 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:	Nathan Hall (Applicant) Inner West Council (Respondent)
Representation:	Dr J Smith, Martin Place Chambers (Applicant) Mr M Bonanno, Inner West Council (Respondent)
File Number(s):	2017/188530
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 is granted to the Applicant to rely upon the amended plans and supplementary documents referred to in Condition 3 of Annexure “A”:

2. The appeal is upheld.

3. Development Consent is granted to development application D/2016/411 for the demolition of the existing dwelling house and the construction of a 2-storey dwelling house and detached garage/studio at No. 42 Merton Street, Rozelle, subject to the Conditions in Annexure “A”.

……………………….

Commissioner Chilcott

Annexure A (397 KB, pdf)

Amendments

28 September 2017 - Correct Annexure 'A' attached.