Perry Properties Pty Ltd v Inner West Council

[2018] NSWLEC 1407

Land and Environment Court

New South Wales

Medium Neutral Citation:	Perry Properties Pty Ltd v Inner West Council [2018] NSWLEC 1407
Hearing dates:	Conciliation conference on 3 August 2018
Date of orders:	03 August 2018
Decision date:	03 August 2018
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:	Perry Properties Pty Ltd (Applicant) Inner West Council (Respondent)
Representation:	Solicitors: A Seton, Marsdens Law Group (Applicant) J Strati, Inner West Council (Respondent)
File Number(s):	2017/230197
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 Applicant’s written request under subclause 4.6(3) of Marrickville Local Environmental Plan 2011 seeking a variation of clause 4.4 of Marrickville Local Environmental Plan 2011 is upheld.

2. The appeal is upheld.

3. Development consent is granted to Development Application No. 201500736 seeking consent for the demolition of existing structures and the construction of a 4-storey motel over basement car parking on the land at 43-51 Addison Road, Marrickville, subject to the conditions of consent annexed hereto and marked “A”.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (408 KB, pdf)

Decision last updated: 07 August 2018