Wilk Super No.1 Pty Ltd v Inner West Council

[2018] NSWLEC 1418

Land and Environment Court

New South Wales

Medium Neutral Citation:	Wilk Super No.1 Pty Ltd v Inner West Council [2018] NSWLEC 1418
Hearing dates:	Conciliation conference on 9 August 2018
Date of orders:	09 August 2018
Decision date:	09 August 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:	Wilk Super No.1 Pty Ltd (Applicant) Inner West Council (Respondent)
Representation:	Solicitors: S Griffiths, Bartier Perry (Applicant) S Turner, Inner West Council (Respondent)
File Number(s):	2018/48317
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The appeal is upheld.

2. The Applicant is granted leave to amend Development Application No. D/2017/558 and to rely upon the following amended plans and documents, copies of which are behind Annexure “A”:

Plan Reference	Drawn By	Dated
DA-A00 – Cover Sheet and Context Plan, Revision D	Andrew Burges Architects	2 August 2018
DA-A01 – Street Elevation and Line of Sight Analysis, Revision D	Andrew Burges Architects	2 August 2018
DA-A002 – Site Analysis Plan, Revision D	Andrew Burges Architects	2 August 2018
DA-A03 – Site Plan, Revision D	Andrew Burges Architects	2 August 2018
DA-A04 – Existing Lower Ground Floor Plan, Revision D	Andrew Burges Architects	2 August 2018
DA-A05 – Existing Ground Floor Plan, Revision D	Andrew Burges Architects	2 August 2018
DA-D01 – Lower Ground Floor Plan, Revision D	Andrew Burges Architects	2 August 2018
DA-D02 – Ground Floor Plan, Revision D	Andrew Burges Architects	2 August 2018
DA-D03 – First Floor Plan, Revision D	Andrew Burges Architects	2 August 2018
DA-D04 – Roof Plan, Revision D	Andrew Burges Architects	2 August 2018
DA-E01 – Elevations North – Existing and Proposed, Revision D	Andrew Burges Architects	2 August 2018
DA-E02 – Elevations South, Revision D	Andrew Burges Architects	2 August 2018
DA-E03 – Elevations East, Revision D	Andrew Burges Architects	2 August 2018
DA-E04 – Elevations Rendered Sheet 01, Revision B	Andrew Burges Architects	2 August 2018
DA-E05 – Elevations Rendered Sheet 02, Revision B	Andrew Burges Architects	2 August 2018
DA-F01 – Sections A + B, Revision D	Andrew Burges Architects	2 August 2018
DA-M01 – Materials and Finishes, Revision C	Andrew Burges Architects	2 August 2018
DA-P01 – Car Parking and Vehicle Crossing, Revision C	Andrew Burges Architects	2 August 2018
DA-P02 – Car Parking and Vehicle Crossing, Revision C	Andrew Burges Architects	2 August 2018
DA-S01 – Shadow Diagram 9AM, Revision C	Andrew Burges Architects	2 August 2018
DA-S02 – Shadow Diagram 12PM, Revision C	Andrew Burges Architects	2 August 2018
DA-S03 – Shadow Diagram 3PM, Revision C	Andrew Burges Architects	2 August 2018

3. Development Application No. D/2017/558 (as amended) for alterations and additions to the existing dwelling including construction of additional storeys within the footprint of the existing rear extension, demolition of the garage and constructions of a new carport and driveway crossing at the rear on Lot 1, Section D in Deposited Plan 179 (otherwise known as 52 Llewellyn Street, Balmain), be approved subject to the conditions which are behind Annexure “B”.

……………………….

Susan O’Neill

Commissioner of the Court

Annexure A (5.62 MB, pdf)

Annexure B (382 KB, pdf)