Land and Environment Court New South Wales Medium Neutral Citation: Balvest One Pty Limited v Inner West Council [2016] NSWLEC 1397 Hearing dates: Conciliation conference on 24 August 2016 Date of orders: 26 August 2016 Decision date: 26 August 2016 Jurisdiction: Class 1 Before: Dixon C Decision: See (4) below Catchwords: APPEAL: modification of development consent; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Balvest One Pty Limited (Applicant) Inner West Council (Respondent) Representation: Counsel: Michael Staunton (Applicant) Stephen Patterson (Solicitor) (Respondent) Solicitors: Sattler & Associates Pty Ltd (Applicant) Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2016/00227262 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 Appeal is upheld. 2. Development Application No. 10.2016.103.1 for: 1. retention and use of: 1. the installed glazed sliding doors to apartments 1, 2 & 3; 2. the private courtyard spaces to apartments 2 & 3 including raised timber decking and 1.8m high courtyard fencing; 3. the 1.8 high and 1.2m high side boundary fencing and the 1.2m high fencing to the front boundary and within the front setback area; 4. the paved area in the front building setback area adjacent to the sliding door entry to apartment 1; 5. the conversion of the centre room within the lean too structure at the rear of the premises from laundry to storage for exclusive use by the owner of apartment lot 3; 6. site landscaping including planter boxes; 7. fire safety works as per the Fire Safety Audit Assessment report by BCA Vision dated 24 May 2016; 1. the creation of a private courtyard to apartment 1 including the construction of a 1.6m high fence to its western extent such fence to be recessed behind the downpipe (approximately 460mm); 2. removal of window to apartment 1 and creation of new doorway (southern elevation); 3. refurbishment of the communal laundry within the most western room within the lean too structure at the rear of the premises to include 3 laundry sinks and taps and three associated washing machines and dryers; 4. relocation of general waste and recycling bins to the rear of the premises; 5. landscaping works and use of the front garden area as communal area; 6. fire safety works as per the Fire Safety Audit Assessment report by BCA Vision dated 24 May 2016; 7. installation of six 45 litre lilly pillys along and within the recess to the 1600mm high western fence to the courtyard of apartment 1. at 13 Dover Street, Summer Hill is approved subject to the conditions in Annexure "A". ……………. Susan Dixon Commissioner 227262.16 - Annexure A (53.4 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: 08 September 2016