Wati v Inner West Council

[2018] NSWLEC 1084

Land and Environment Court

New South Wales

Medium Neutral Citation:	Wati v Inner West Council [2018] NSWLEC 1084
Hearing dates:	Conciliation conference on 1 February 2018
Date of orders:	27 February 2018
Decision date:	27 February 2018
Jurisdiction:	Class 1
Before:	Smithson 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:	Bijma Wati (Applicant) Inner West Council (Respondent)
Representation:	Solicitor: Mr Gordon Hartley, Hartley Solicitors (Applicant) Mr Simon Turner, Inner West Council (Respondent)
File Number(s):	2017/248124
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. Section 96 application number M/2017/28 to modify Development Consent No. D/2013/283 which approved alterations and additions to existing dwelling at 44 Mackenzie Street, Rozelle is determined by approving the modifications as set out in “Annexure A”.

2. Appeal upheld;

3. As a consequence of order (1), Development Consent No. D/2013/283 is now subject to the consolidated, modified conditions of development consent set out in “Annexure B”.

4. Each party pays its own cost.   

……………………….

Jenny Smithson

Commissioner of the Court

Annexure A (20.8 KB, pdf)

Annexure B (108 KB, pdf)