Ronowicz v Inner West Council

[2018] NSWLEC 1287

Land and Environment Court

New South Wales

Medium Neutral Citation:	Ronowicz v Inner West Council [2018] NSWLEC 1287
Hearing dates:	Conciliation conference on 14 June 2018
Date of orders:	14 June 2018
Decision date:	14 June 2018
Jurisdiction:	Class 1
Before:	Chilcott C
Decision:	See [4] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Jakub Ryszard Ronowicz (1st Applicant) Claire Natasha Middleton (2nd Applicant) Inner West Council (Respondent)
Representation:	Solicitor: J Palmer, Pikes & Verekers Lawyers (Applicants) S Turner, Inner West Council (Respondent)
File Number(s):	2017/370363
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 is granted leave to amend Development Application No. D/2017/94 and to rely upon the following amended plans and documents, copies of which are included as Annexure “A”:

2. The appeal is upheld.

3. Development Application No. D/2017/94 to carry out internal alterations to existing dwelling and construction of new first floor addition at 98 Phillip Street, Birchgrove be approved subject to the conditions contained at Annexure “B”.

4. The Applicant is to pay the Council’s costs thrown away as a result of the amendment of the application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $1,000 GST inclusive in full and final payment within 28 days.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (1.11 MB, pdf)

Annexure B (457 KB, pdf)