Rudder Development Pty Ltd v Inner West Council

[2018] NSWLEC 1530

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Rudder Development Pty Ltd v Inner West Council [2018] NSWLEC 1530
Hearing dates:	Conciliation conference on 30 August 2018
Date of orders:	09 October 2018
Decision date:	09 October 2018
Jurisdiction:	Class 1
Before:	Smithson 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:	Rudder Development Pty Ltd (Applicant) Inner West Council (Respondent)
Representation:	Counsel: C McEwen SC (Applicant) Solicitors: Addisons Lawyers(Applicant) M Bonnano, Inner West Council (Respondent)
File Number(s):	2018/83815
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 rely on the amended plans and documents listed in Condition 1 of the conditions and annexed and marked Annexure ‘A’.

2. The Applicant is to pay the Respondent's costs thrown away by reason of the amended plans referred to in paragraph (1) pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $10,000.00 within 21 days of the date of these orders.

3. The variation request made pursuant to clause 4.6 of the Leichhardt Local Environmental Plan 2013 annexed and marked Annexure ‘B’ to vary the floor space ratio control in clause 4.4 of the Leichhardt Local Environmental Plan 2013 is upheld.

4. The appeal is upheld.

5. Development Application number D/2017/597 for the development of 37 Edna Street, Lilyfield being Lot 2 DP1208391, for the subdivision of the allotment into five Torrens title allotments and construction of a five (5) dwelling houses on the proposed allotments, is approved subject to the conditions annexed and marked Annexure ‘C’.

……………………….

Jennifer Smithson

Commissioner of the Court

Annexure A (Plans)

Annexure B (Cl 4.6)

Annexure C (C)

Amendments

10 October 2018 - Correction to representation.