Quarello v Inner West Council
[2016] NSWLEC 1338
•27 July 2016
Land and Environment Court
New South Wales
Medium Neutral Citation: Quarello v Inner West Council [2016] NSWLEC 1338 Hearing dates: Conciliation conference on 27 July 2016 Date of orders: 27 July 2016 Decision date: 27 July 2016 Jurisdiction: Class 1 Before: O’Neill 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: Joseph Quarello (Applicant)
Inner West Council (Respondent)Representation: Counsel:
Ms J. Reid, barrister (Applicant)
Mr S. Turner, solicitor (Respondent)
Solicitors:
- (Applicant)
Inner West Council (Respondent)
File Number(s): 2016/158099 Publication restriction: No
Judgment
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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”.
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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.
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In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.
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The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
Leave is granted to the applicant to rely on amended plans:
DRAWING No. A1.00-DA, Issue D - SITE PLAN AND GROUND FLOOR PLANS
Q Design
Jun 16
DRAWING No. A1.10-DA, Issue E - LEVEL 1 FLOOR PLANS
Q Design
Jun 16
DRAWING No. A1.20-DA, Issue E - LEVEL 2 FLOOR PLANS
Q Design
Jun 16
DRAWING No. A1.30-DA, Issue D - ROOF PLANS
Q Design
Jun 16
DRAWING No. A2.00-DA, Issue E - ELEVATIONS
Q Design
Jun 16
The appeal is upheld.
Development application No. D/2015/426 is approved, subject to the conditions in annexure A hereto.
…………….
Susan O’Neill
Commissioner
158099.16 - Annexure A (141 KB, pdf)
Decision last updated: 16 August 2016
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