Van der Velden v Inner West Council

[2018] NSWLEC 1351

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Van der Velden v Inner West Council [2018] NSWLEC 1351
Hearing dates:	Conciliation conference on 9 July 2018
Date of orders:	10 July 2018
Decision date:	10 July 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:	Frances Van der Velden (1st Applicant) Sebastian Cox (2nd Applicant) Inner West Council (Respondent)
Representation:	Counsel: M Staunton (Applicant) Solicitors: Sattler & Associates Pty Ltd (Applicant) P Vergotis, Inner West Council(Respondent)
File Number(s):	2018/6644
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 under s34(3) of the Land and Environment Court Act 1979 are:

1. Leave is granted to rely upon the following amended plans:

1. Architectural Plans drawing Nos. DA 01 – DA 12 & DA 24 all revision D prepared by Coso Architects all dated 9 July 2018;

2. Landscape Plans Nos. LP02 and LP03 all revision A prepared by Selena Hannan dated 6 June 2018;

3. Stormwater Plans Nos. SW1 Rev D & SW2 Rev B prepared by E2 Civil and Structural Design Pty Limited dated 4 July 2018.

2. The Appeal is upheld.

3. Development Application No. D/2017/450 for demolition of existing structures and construction of a part single/part two storey dwelling with basement, new tandem garage, swimming pool and associated landscaping at 27 Isabella Street, Balmain is approved subject to the conditions in Annexure ‘A’.

……………………….

Susan O’Neill

Commissioner of the Court

Annexure A (C)

Annexure B

Amendments

11 July 2018 - Corrected formatting of orders on cover sheet.