Tims v Inner West Council

[2020] NSWLEC 1482

Land and Environment Court

New South Wales

Medium Neutral Citation:

Tims v Inner West Council [2020] NSWLEC 1482

Hearing dates:

Conciliation conference on 21 September 2020

Date of orders:

15 October 2020

Decision date:

15 October 2020

Jurisdiction:

Class 1

Before:

O’Neill C

Decision:

The orders of the Court are:
(1) The appeal is upheld.
(2) The Development Control Order dated 16 June 2020 issued by the Respondent to the Applicants (“the Order”) is modified to order that:

(a) The Applicants are to complete the works in accordance with the sketch plan which is Annexure A, so that the screening louvres are to be timber and the blades are to overlap so as to prevent a direct line of sight through to the windows behind when viewed externally from a horizontal plane at the same height as the windows.
(b) The Applicants are to comply with the Order as modified within 90 days of the date of these orders.

Catchwords:

DEVELOPMENT CONTROL ORDER — appeal — conciliation conference — agreement between the parties

Legislation Cited:

Environmental Planning and Assessment Act 1979

Land and Environment Court Act 1979

Category:

Principal judgment

Parties:

Anthony Robert Tims (First Applicant)
Penelope Lomax (Second Applicant)
Inner West Council (Respondent)

Representation:

Counsel:
T Ward (Solicitor) (Applicants)
G Christmas (Solicitor) (Respondent)

Solicitors:
Pikes & Verekers Lawyers (Applicants)
Apex Planning and Environment Law (Respondent)

File Number(s):

2020/205943

Publication restriction:

Nil

Judgment

1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.18(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against a Development Control Order No. 11 (the Order) pursuant to Pt 1 of Sch 5 to the EPA Act issued by Inner West Council (the Council) on 16 June 2020. The Order requires the applicants to comply with the Development Consent 10.2007.300.4 and the approved plans DA01J and DA02J prepared by Filmer Architects, by removing the windows in the rear gable.

2. The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties, which has been held on 21 September 2020. 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.

5. The parties’ decision involves the Court, exercising the function under s 8.18(4)(b) of the EPA Act, to modify the development control order.

Orders

6. The orders of the Court are:

1. The appeal is upheld.

2. The Development Control Order dated 16 June 2020 issued by the Respondent to the Applicants (“the Order”) is modified to order that:

1. The Applicants are to complete the works in accordance with the sketch plan which is Annexure A, so that the screening louvres are to be timber and the blades are to overlap so as to prevent a direct line of sight through to the windows when viewed externally from a horizontal plane at the same height as the windows.

2. The Applicants are to comply with the Order as modified within 90 days of the date of these orders.

____________

Susan O’Neill

Commissioner of the Court

Annexure A (193257, pdf)

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Decision last updated: 15 October 2020