Tanesia Holdings Pty Ltd v Inner West Council

[2018] NSWLEC 1107

Land and Environment Court

New South Wales

Medium Neutral Citation:	Tanesia Holdings Pty Ltd v Inner West Council [2018] NSWLEC 1107
Hearing dates:	Conciliation conference on 18 September 2017, 12 October 2017 and 2 March 2018
Date of orders:	02 March 2018
Decision date:	02 March 2018
Jurisdiction:	Class 1
Before:	O’Neill 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:	Tanesia Holdings Pty Ltd (Applicant) Inner West Council (Respondent)
Representation:	Solicitor: Ms K. Glanville, Norton Rose Fulbright Australia (Applicant) Mr J. Ede, Wilshire Webb Staunton Beattie Lawyers (Respondent)
File Number(s):	2017/147007
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 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. Development Application 10.2017.17.1 for the demolition of existing structures, tree removal and construction of a 3 storey multi-dwelling residential development comprising six dwellings over a basement, car parking for 10 vehicles and associated works, at 177A Norton Street, Ashfield, is approved, subject to the conditions at Annexure A.

…………….

Commissioner O’Neill

Annexure A (162 KB, pdf)