Rofail v Inner West Council

[2018] NSWLEC 1162

Land and Environment Court

New South Wales

Medium Neutral Citation:	Rofail v Inner West Council [2018] NSWLEC 1162
Hearing dates:	Conciliation conference on 16 March 2018 and 29 March 2018
Date of orders:	29 March 2018
Decision date:	29 March 2018
Jurisdiction:	Class 1
Before:	Dixon SC
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:	Boulos Rofail (Applicant) Inner West Council (Respondent)
Representation:	Solicitors: Katharine Huxley, McCabes Lawyers Pty Ltd (Applicant) Mark Bonano, Inner West Council (Respondent)
File Number(s):	2017/00332974
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 appeal is upheld.

2. Development consent is granted to development application no. 10.2017.081.1 for the demolition of existing building and construction of 4 storey boarding house with landscaping and basement carpark at Lot 1, DP 1007091 (No. 185) Norton Street, Ashfield NSW by the granting of conditional development consent subject to the conditions contained in Annexure ‘A’.

……………………….

Susan Dixon

Senior Commissioner of the Land and Environment Court

Annexure A (379 KB, pdf)