Scionti v Inner West Council

[2018] NSWLEC 1119

Land and Environment Court

New South Wales

Medium Neutral Citation:	Scionti v Inner West Council [2018] NSWLEC 1119
Hearing dates:	Conciliation conference on 21 January 2018
Date of orders:	08 March 2018
Decision date:	08 March 2018
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: Terrace House; remedial restorative works; conciliation conference; agreement between the parties; orders BUILDING CERTIFICATE: floor and roof slab; ; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Alex Scionti (Applicant) Inner West Council (Respondent)
Representation:	Solicitor: Ms. A Spizzo, Landerer and Company (Applicant) Mr. M Bonanno, Inner West Council (Respondent)
File Number(s):	2017/263523 and 2017/252285
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal by Inner West Council of a development application that sought to undertake remedial and restorative works following construction or works that were not in accordance with a previous consent. Concurrently the applicant has appealed Councils refusal of a building certificate that seeks to regularise the first floor slab and roof slab. The subject site is located at 80 Darling Street Balmain.

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 Applicant is granted leave to rely upon the following amended plans and documents:

Plan Reference	Drawn By	Dated
Drawing No.: DA00 Proposed Site and Roof Plan	Paul Davies Architects	31 January 2017
Drawing No.: DA01 Floor Plans	Paul Davies Architects	29 March 2017
Drawing No.: DA02 Existing and Proposed Elevations	Paul Davies Architects	29 March 2017
Drawing No.: DA03 Existing and Proposed Sections	Paul Davies Architects	29 March 2017
Drawing No.: DA04 Proposed Colour Schedule	Paul Davies Architects	24 January 2017
Document Title	Prepared By	Dated
Identification Survey Certificate	Landmark Surveys	26 July 2016
Structural Certificate	Structural Design Solutions	23 March 2017
Structural Engineers Report	ACOR Consultants	21 February 2018
DA Cover Letter	Paul Davies Architects	30 January 2017
Legal Advice re: Owner’s Consent for Building Certificate	Michael Staunton of Counsel	23 February 2018
Legal Advice re: Owner’s Consent for DA	Michael Staunton of Counsel	23 February 2018

2. The appeals are upheld.

3. Development application No. D/2017/41 for consent to carry out alterations and additions to the existing building at 80 Darling Street, Balmain is approved subject to the conditions set out in Annexure “A”.

4. The Building Certificate Application No. BC/30/2016 is approved.

5. The applicant shall pay the Respondent’s costs pursuant to s8.15(3) of the Environmental Planning and Assessment Act 1979 of $3,000.00 within 28 days of these orders being made.

…………….

D M Dickson

Commissioner of the Court

Annexure A (155 KB, pdf)