Ray Ters v Inner West Council

[2017] NSWLEC 1024

Land and Environment Court

New South Wales

Medium Neutral Citation:	Ray Ters v Inner West Council [2017] NSWLEC 1024
Hearing dates:	Conciliation conference on 5 December 2016
Date of orders:	13 January 2017
Decision date:	13 January 2017
Jurisdiction:	Class 1
Before:	Dixon 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:	Ray Ters (Applicant) Inner West Council (Respondent)
Representation:	Solicitors: M. Arch, Concordia Pacific(Applicant) J. Strati, Inner West Council (Respondent)
File Number(s):	2016/269908
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 Applicant is granted leave to amend the development application by substituting the following amended plans and documents relied on for the purpose of the section application:

Plan, Revision and Issue No.	Plan Name/ Certificate Type	Date Issued	Prepared by	Date Submitted
DA-02 Revision B	Subdivision Plan	13.12.16	Mackenzie Pronk Architects	13.12.16
DA-03 Revision A	Site Plan	13.12.16	Mackenzie Pronk Architects	13.12.16
DA-05 Revision A	Erosion and Sediment Control Plan	13.12.16	Mackenzie Pronk Architects	13.12.16
DA-06 Revision A	Ground Floor Plan	13.12.16	Mackenzie Pronk Architects	13.12.16
DA-07 Revision A	First Floor Plan	13.12.16	Mackenzie Pronk Architects	13.12.16
DA-09 Revision A	Elevations and Schedule of Colours and Finishes	13.12.16	Mackenzie Pronk Architects	13.12.16
DA-10 Revision A	Elevations	13.12.16	Mackenzie Pronk Architects	13.12.16
DA-11 Revision A	Sections	13.12.16	Mackenzie Pronk Architects	13.12.16
786862S	BASIX Certificate	20.12.16	Outsource Ideas	20.12.16
786869S	BASIX Certificate	20.12.16	Outsource Ideas	20.12.16

2. The appeal is upheld.

3. Development Application No. 2016/00269908 for the Torrens title subdivision of Lot 1 of Deposited Plan 958820, known as 27 Foreman Street, Tempe, into two new lots, the demolition of the existing house and other structures, but retention of the outbuilding wall on the rear boundary, and the construction of two new semi-detached houses is approved subject to the conditions contained in Annexure “A”.

4. The applicant shall pay the Respondent’s costs thrown away as the result of the amendment of the development application pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the agreed amount of one dollar ($1).

…………….

S Dixon

Commissioner

269908.16 Dixon (C) (81.1 KB, pdf) 269908.16 Dixon (C) (81.1 KB, pdf)

269908.16 - Plans (9.14 MB, pdf)