Cosco v Inner West Council. [2016] NSWLEC 1451

Land and Environment Court New South Wales

Medium Neutral Citation: Cosco v Inner West Council. [2016] NSWLEC 1451 Hearing dates: Conciliation conference on 14 September 2016 Date of orders: 29 September 2016 Decision date: 29 September 2016 Jurisdiction: Class 1 Before: Morris C Decision: See (4) below Catchwords: MODIFICATION OF CONSENT; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Anthony Cosco (Applicant) Inner West Council (Respondent) Representation: Counsel: Mr A Pickles SC (Applicant)

Solicitors: Mr D Bannerman Bannermans (Applicant) Mr M Bonanno Lindsay Taylor Lawyers (Respondent) File Number(s): 202412/2016 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 appeal is upheld. 2. The Application M/2016/26 made by the Applicant to the Respondent on 2 February 2016 under Section 96(2) of the Environmental Planning and Assessment Act 1979 to modify Development Consent No. D/2014/495 for "Demolition and construction of a new dwelling and garage" on the land known as 34 Glassop Street, Balmain (as modified by M/2015/237 on 29 April 2016) is determined by approving the modifications to Development Consent No. D/2014/495 as set out in Annexure A. 3. As a consequence of order (2) Development Consent No. D/2014/495 is now subject to the consolidated, modified conditions of development consent set out in Annexure B. ……………….. Sue Morris Commissioner 202412.2016 ANNEXURE A (365 KB, pdf) 202412.2016 ANNEXURE B (321 KB, pdf) 202412.16 Morris - Site Plan (174 KB, pdf) 202412.16 Morris - Basement Plan (158 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: 29 September 2016