Sara Palmieri v Inner West Council

[2017] NSWLEC 1656

Land and Environment Court

New South Wales

Medium Neutral Citation:	Sara Palmieri v Inner West Council [2017] NSWLEC 1656
Hearing dates:	Conciliation conference on 8 November 2017
Date of orders:	16 November 2017
Decision date:	16 November 2017
Jurisdiction:	Class 1
Before:	Bish 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:	Sara Palmieri and Darryl Hughes (Applicant) Inner West Council (Respondent)
Representation:	Solicitor: Mr G Hartley, Hartley Solicitor (Applicant) Mr J Strati, Inner West Council (Respondent)
File Number(s):	2017/209016
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. Appeal upheld;

2. Development application number DA201700071 for reconfiguration and renovation of the rear of the existing dwelling with the addition of a new single car space garage with loft office above is approved subject to the conditions in Annexure ‘A’; and

3. The applicant is to pay the respondent’s costs thrown away pursuant to s97b of the Environmental Planning and Assessment Act 1979 in the sum of $2,500 payable within 28 days.   

……………………….

Commissioner Bish

209016.17 Bish - Annexure A (177 KB, pdf)