Robert Dening v Inner West Council

[2017] NSWLEC 1639

Land and Environment Court

New South Wales

Medium Neutral Citation:	Robert Dening v Inner West Council [2017] NSWLEC 1639
Hearing dates:	Conciliation conference on 20 October 2017
Date of orders:	10 November 2017
Decision date:	10 November 2017
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:	Robert Dening (Applicant) Inner West Council (Respondent)
Representation:	Counsel: Mr S. Kondilios solicitor (Applicant) Mr M. Bonanno solicitor (Respondent)   Solicitors: Hall & Wilcox Lawyers (Applicant) Inner West Council (Respondent)
File Number(s):	2017/187023

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, 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 were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

1. The appeal is upheld.

2. The Applicant is granted leave to amend Development Application No. DA10.2016.224.1 and to rely upon the following amended plans and documents, copies of which are behind Annexure “A”:

No.	Revision	Title	Prepared by	Amendment Date
DA01	B	Site Plan	DDM Design Group Pty Ltd	27.10.2017
DA04	B	Proposed Floor Plan	DDM Design Group Pty Ltd	27.10.2017
DA05	B	Proposed Elevations Sheet 1	DDM Design Group Pty Ltd	27.10.2017
DA06	B	Proposed Elevations Sheet 2	DDM Design Group Pty Ltd	27.10.2017
DA07	B	Proposed Sections	DDM Design Group Pty Ltd	27.10.2017
BASIX Certificate No. 752064S_04			DDM Design Group Pty Ltd	26.10.2017

3. The Applicant is to pay the Respondents costs, of $2,000 within 28 days, under section 97B of the Environmental Planning and Assessment Act 1979.

4. Development Application No. DA10.2016.224.1 for alterations and additions to a dwelling house and extension to the existing outbuilding to create a secondary dwelling at 37 Ramsay Street, Haberfield, be approved subject to the conditions which are behind Annexure “B”.

…………….

Commissioner O’Neill

Annexure A Plans (8.80 MB, pdf)

Annexure B (267 KB, pdf)