Sharma v Inner West Council

[2019] NSWLEC 1427

Land and Environment Court

New South Wales

Medium Neutral Citation:	Sharma v Inner West Council [2019] NSWLEC 1427
Hearing dates:	Conciliation conference on 29 August 2019
Date of orders:	10 September 2019
Decision date:	10 September 2019
Jurisdiction:	Class 1
Before:	O’Neill C
Decision:	The orders of the Court are: (1) Leave is granted to the Applicant to amend Development Application No. DAREV/2018/11, to rely on the amended plans and documentation referred to in condition 1 of the conditions of consent at Annexure A. (2) The appeal is upheld. (3) Development Application No. DAREV/2018/11 for alterations and addition to the existing dwelling house, including lower level secondary dwelling, garage and car parking at 172 Evans Street, Rozelle, is approved, subject to the conditions of consent at Annexure A.
Catchwords:	DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Gaurav Sharma (Applicant) Inner West Council (Respondent)
Representation:	Counsel: S Patterson (Solicitor) (Applicant) S Turner (Solicitor) (Respondent)   Solicitors: Wilshire Webb Staunton Beattie Lawyers (Applicant) Inner West Council (Respondent)
File Number(s):	2018/390293
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the imposition of conditions of consent numbered 4(a), (b), (c), (d), (e), (f), (g), (h), (i), (k) and (n) on Development Consent D/2017/583, for the land at 172 Evans Street, Rozelle (the site), granted by the Inner West Council (the Council).

2. The Court arranged a conciliation conference under s 34AA of the Land and Environment Court Act 1979 (LEC Act) between the parties, which has been held on 29 August 2019. I presided over the conciliation conference.

3. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties.

4. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision, if the parties’ decision is a decision that the Court could have made in the proper exercise of its functions. The parties’ decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application.

Orders

5. The orders of the Court are:

1. Leave is granted to the Applicant to amend Development Application No. DAREV/2018/11, to rely on the amended plans and documentation referred to in condition 1 of the conditions of consent at Annexure A.

2. The appeal is upheld.

3. Development Application No. DAREV/2018/11 for alterations and addition to the existing dwelling house, including lower level secondary dwelling, garage and car parking at 172 Evans Street, Rozelle, is approved, subject to the conditions of consent at Annexure A.

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Susan O’Neill

Commissioner of the Court

Annexure A (457 KB)

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