Sacco v Inner West Council

[2018] NSWLEC 1213

Land and Environment Court

New South Wales

Medium Neutral Citation:	Sacco v Inner West Council [2018] NSWLEC 1213
Hearing dates:	Conciliation conference on 4 May 2018
Date of orders:	04 May 2018
Decision date:	04 May 2018
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See [5] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Stefano Sacco (First Applicant) Sarah Sacco (Second Respondent) Inner West Council (Respondent)
Representation:	Solicitors: G McKee, McKees Legal Solutions (Applicant) M Bonanno, Inner West Council (Respondent)
File Number(s):	2018/88689
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal by the Applicants against the Inner West Council’s deemed refusal pursuant to Section 97(1)(b) of the Environmental Planning and Assessment Act 1979, to grant consent to Development Application number D/2017/613 in relation to Lot 9 Section 2 in DP 164, 3 Hartley Street, Rozelle NSW.

2. 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”.

3. 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.

4. 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.

5. 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 Application No. D/2017/613 alterations and additions to two storey dwelling, including pool and landscape works is approved subject to the conditions set out in Annexure “A” to this agreement.

……………………….

D M Dickson

Commissioner of the Court

Annexure A (208 KB, pdf)