Sweeney v Inner West Council

[2017] NSWLEC 1057

Land and Environment Court

New South Wales

Medium Neutral Citation:	Sweeney v Inner West Council [2017] NSWLEC 1057
Hearing dates:	Conciliation conference on 10 February 2017
Date of orders:	10 February 2017
Decision date:	10 February 2017
Jurisdiction:	Class 1
Before:	O’Neill C
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:	Andrew Sweeney t/a Palfreeman Sweeney Architects (Applicant) Inner West Council (Respondent)
Representation:	Solicitors: Mr M. Arch, Concordia Law (Applicant) Mr S. Turner, Inner West Council (Respondent)
File Number(s):	2017/5126
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, 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. The appeal is upheld.

2. Modification Application No. M/2016/173 for the incorporation of an additional level to the existing building at Lot B of Deposited Plan 3360506, known as 435-437 Parramatta Road, Leichhardt, is approved subject to the consolidated conditions of consent at Annexure “A”.

3. As a consequence, Development Consent No. D/2015/553 is now subject to the consolidated, modified conditions of consent at Annexure “A”.

…………….

Commissioner O’Neill

Annexure A (218 KB, pdf)

Plans (1.54 MB, pdf)