Brown v Inner West Council [2016] NSWLEC 1371

Land and Environment Court New South Wales

Medium Neutral Citation: Brown v Inner West Council [2016] NSWLEC 1371 Hearing dates: Conciliation conference on 30 August 2016 Date of orders: 30 August 2016 Decision date: 30 August 2016 Jurisdiction: Class 1 Before: Fakes C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION; Mixed use development; heritage; bulk and scale; waste management; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Kevin Brown (Applicant) Inner West Council (Respondent) Representation: Counsel: Applicant: Ms J Reid Respondent: Ms J McKelvey

Solicitors: Applicant: Pikes & Verekers Lawyers Respondent: Inner West Council File Number(s): 150287 of 2016 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 granted leave to rely upon the amended plans and documentation as referred to in Condition 1 of Annexure 'A' annexed hereto. 2. The appeal is upheld. 3. Development Application D/2015/390 for the demolition of the existing building structures at 383, 387-389 Darling Street and 2 North Street and the construction of a three storey mixed use development with a single basement level is approved subject to the conditions set out in Annexure 'A' The Court notes the agreement that there be no order as to costs. ______________________ Judy Fakes Commissioner of the Court 150287.16 Annexure A - Conditions of Consent (288 KB, 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: 31 August 2016