Zagoridis and Bowen v Inner West Council

[2018] NSWLEC 1460

Land and Environment Court

New South Wales

Medium Neutral Citation:	Zagoridis and Bowen v Inner West Council [2018] NSWLEC 1460
Hearing dates:	Conciliation conference on 27 & 28 August 2018
Date of orders:	28 August 2018
Decision date:	28 August 2018
Jurisdiction:	Class 1
Before:	Chilcott C
Decision:	See [4] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Michael Zagoridis (First Applicant) Emma Bowen (Second Applicant) Inner West Council (Respondent)
Representation:	Solicitors: A Pickup, Pickup Legal (Applicant) G Christmas, Apex Planning and Environment Law (Respondent)
File Number(s):	2018/56698
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. Leave is granted to the Applicant to rely on the following amended architectural plans:

Plan No.	Revision	Plan/ Certificate Type	Prepared by	Date
DA-01	G	Plans	Nexus Architecture	27-08-18
DA-02	G	Sections and Elevations	Nexus Architecture	27-08-18
DA-03	G	Primary House Plans	Nexus Architecture	27-08-18
DA-04	G	Prim.Hse Sections & Elevations	Nexus Architecture	27-08-18
DA-05	G	Secondary House Plans	Nexus Architecture	27-08-18
DA-06	G	Prim.Hse Sections & Elevations	Nexus Architecture	27-08-18
DA-07	G	Fence Details	Nexus Architecture	27-08-18

2. Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent’s costs agreed of $1,500.00 upon execution of this Agreement.

3. The appeal is upheld.

4. Development consent is granted to DA201700519 to carry out ground and first floor alterations and additions to the existing dwelling house and construct a two storey secondary dwelling at the rear on the land known as 23 Lord Street, Newtown subject to the conditions at Annexure “A”.

……………………….

M Chilcott

Commissioner of the Court

Annexure A (141 KB, pdf)