Rajendra Narayan v Marrickville Council [2016] NSWLEC 1296

Land and Environment Court New South Wales

Medium Neutral Citation: Rajendra Narayan v Marrickville Council [2016] NSWLEC 1296 Hearing dates: Conciliation conference on 27 April 2016 Date of orders: 01 July 2016 Decision date: 01 July 2016 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: Rajendra Narayan (Applicant) Inner West Council (Respondent) Representation: Mr V Conomos, Conomos Legal (Applicant) Mr J Strati solicitor (Respondent) File Number(s): 2016/152987 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 under s34(3) of the Land and Environment Court Act 1979 are: 1. The Applicant is given leave to amend the development application and rely upon the following plans in the proceedings: 1. Drawing DA3.01 Revision 4 dated 26/5/2016; 2. Drawing DA3.02 Revision 4 dated 26/5/2016; 3. Drawing DA3.03 Revision 6 dated 6/6/2016; 4. Drawing DA3.04 Revision 5 dated 6/6/2016; 5. Drawing DA5.01 Revision 4 dated 26/5/2016; 6. Drawing DA6.01 Revision 5 dated 6/6/2016; 7. Drawing DA6.02 Revision 4 dated 26/5/2016. 1. The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant to section 978(2) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. 2. The appeal is upheld. 3. Development application DA201500735 lodged 11 December 2013 seeking approval for the demolition of existing structures and construction of a boarding house consisting of 14 rooms plus caretakers accommodation is approved subject to the conditions in Annexure A. ……………. Commissioner O'Neill 152987.16 O'Neill (C) (445 KB, pdf) 152987.16 O'Neill_Plans (1.86 MB, pdf) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 20 July 2016