Susana Do Vale v Inner West Council

[2017] NSWLEC 1558

Land and Environment Court

New South Wales

Medium Neutral Citation:	Susana Do Vale v Inner West Council [2017] NSWLEC 1558
Hearing dates:	Conciliation conference on 3 October 2017
Date of orders:	03 October 2017
Decision date:	03 October 2017
Jurisdiction:	Class 1
Before:	O’Neill
Decision:	See (4) below
Catchwords:	MODIFICATION APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Susana Do Vale (Applicant) Inner West Council (Respondent)
Representation:	Counsel: Mr P. Vergotis solicitor (Applicant) Mr M. Bonanno solicitor (Respondent)   Solicitors: McCabes Lawyers (Applicant) Inner West Council (Respondent)
File Number(s):	2017/210144

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 were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

1. Leave is granted for the applicant to rely on the amended plans listed in paragraph 1 of the conditions set out in Annexure A, being the plans prepared by Shakeup Architecture and identified within condition 1 of Annexure A.

2. The appeal is upheld and Modification Application M/2017/52, to modify Development Consent D/2016/375 for alterations and additions to the existing dwelling at 41 Foucart Street, Rozelle, is approved, subject to the conditions set out at Annexure A.

…………….

Commissioner O’Neill

Annexure A (281 KB, pdf)