Tomasy Pty Ltd v Inner West Council (formerly Leichhardt Council)

[2016] NSWLEC 1200

Land and Environment Court

New South Wales

Medium Neutral Citation:	Tomasy Pty Ltd v Inner West Council (formerly Leichhardt Council) [2016] NSWLEC 1200
Hearing dates:	Conciliation conference on 18 April, 18 and 26 May 2016
Date of orders:	27 May 2016
Decision date:	27 May 2016
Jurisdiction:	Class 1
Before:	Tuor 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:	Tomasy Pty Ltd (Applicant) Inner West Council (formerly Leichhardt Council) (Respondent)
Representation:	Mr M. Andrews, McCabes Lawyers (Applicant) Mr M. Bonanno, Inner West Council (formerly Leichhardt Council (Respondent)
File Number(s):	2016/153836 (formerly 11175 of 2015)
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 are:

1. The Applicant is granted leave to rely on the amended plans as referred to in the conditions of consent contained in Annexure “A”.

2. In accordance with section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent’s costs thrown away as a result of the amendments within 28 days, in the amount of $5,000.

3. Leave be granted to change the Respondent’s name from Leichhardt Council to Inner West Council.

4. The appeal is upheld.

5. Development application no. D/2015/594 for alterations to building and change of use from remedial massage to a sex services premises at 429 Parramatta Road, Leichhardt NSW is approved subject to the conditions contained in Annexure “A”.

……………………..

Annelise Tuor

Commissioner

153836.16 Tuor (C) (279 KB, pdf)

Decision last updated: 27 May 2016