Sanchez v Inner West Council

[2016] NSWLEC 1388

Land and Environment Court

New South Wales

Medium Neutral Citation:	Sanchez and Anor v Inner West Council [2016] NSWLEC 1388
Hearing dates:	Conciliation conference on 24 August 2016
Date of orders:	24 August 2016
Decision date:	24 August 2016
Jurisdiction:	Class 1
Before:	Tuor 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:	Carlos Sanchez and Anna Waterhouse (Applicant) Inner West Council (Respondent)
Representation:	Counsel: Ms J Reid, Barrister (Applicant) Solicitors: Mr R Bennett of Pikes & Verekers (Applicant) Mr S Turner of Inner West Council (Respondent)
File Number(s):	2016/158169
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, 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 upon the amended plans and documentation as referred to in Condition 1 of Annexure “B” annexed hereto;

2. The 4.6 variation to clause 4.3A(3) of Leichhardt Local Environmental Plan 2013 prepared by Greg Boston is agreed by the parties to be well founded and is upheld;

3. The 4.6 variation to clause 4.4(2) of Leichhardt Local Environmental Plan 2013 prepared by Greg Boston is agreed by the parties to be well founded and is upheld;

4. The appeal is upheld.

5. Development Application D/2016/65 for the alterations and additions to the existing dwelling including demolition of the front veranda, new bridge, lower ground and ground level addition, first floor addition and new garage with terrace above is approved subject to the conditions set out in Annexure “B”.

6. The Applicant is to pay the Respondent’s costs arising under s97B of the Environmental Planning and Assessment Act 1979 as agreed or as assessed.

……………………….

Annelise Tuor

Commissioner

158169.16 Tuor - Supplementary Joint Report v 1 1 (263 KB, pdf)

158169.16 Tuor (C) Annexure A (498 KB, pdf)

158169.16 - AMENDED PLANS (1.90 MB, pdf)