Scott Meehan v Inner West Council

[2017] NSWLEC 1182

Land and Environment Court

New South Wales

Medium Neutral Citation:	Scott Meehan v Inner West Council [2017] NSWLEC 1182
Hearing dates:	Conciliation conference 7 April 2017
Date of orders:	07 April 2017
Decision date:	07 April 2017
Jurisdiction:	Class 1
Before:	Chilcott 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:	Scott Meehan (Applicant) Inner West Council (Respondent)
Representation:	L Feehan, Hall and Wilcox Lawyers (Applicant) S Turner, Inner West Council (Respondent)
File Number(s):	2017/78302
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 Class 1 application is upheld

2. Development Application No. 672/2016 for alterations and additions to existing dwelling, the demolition of rear lean to extensions, the restorations of street front dwelling, a two storey addition to the rear and new landscaping and hardstand area to the rear at 25 Annesley Street, Leichardt 2040 is approved subject to the conditions set out in Annexure "A".

…………….

Michael Chilcott

Commissioner of the Court

78302.17 Annexure A (C) (131 KB, pdf)