Land and Environment Court New South Wales Medium Neutral Citation: Boyce v Inner West Council [2016] NSWLEC 1561 Hearing dates: Conciliation conference on 28 September, 18 October, 15 November 2016 Date of orders: 22 November 2016 Decision date: 22 November 2016 Jurisdiction: Class 1 Before: Smithson 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: Greg Boyce (Applicant) Inner West Council (Respondent) Representation: Counsel: Mr Staunton (Applicant) Solicitors: - (Applicant) Mr Christmas, Apex Planning and Environment Law, (Respondent) File Number(s): 2016/00183267 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. Leave is granted to the Applicant to rely on the following amended plans: Drawing No. and Revision Plan / Certificate Type Date DA101 Issue B Lower Ground Floor Plan 26-07-2016 DA102 Issue B Upper Ground Floor Plan 04-10-2016 DA103 Issue B First Floor Plan 04-10-2016 DA104 Issue B Second Floor Plan 04-10-2016 DA105 Issue B Third Floor Plan 04-10-2016 DA106 Issue B Fourth Floor Plan 04-10-2016 DA107 Issue B Fifth Floor Plan 04-10-2016 DA108 Issue B Sixth Floor Plan 04-10-2016 DA109 Issue C Roof Terrace Plan 21-10-2016 DA200 Issue D North Western Elevation 21-10-2016 South Eastern Elevation DA201 Issue C South Western Elevation 21-10-16 DA202 Issue C North Eastern Elevation 21-10-2016 CC203 Issue A North Western Elevation - Internal 21-10-2016 CC210 Issue E Section A-A 21-10-2016 1. Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs agreed at $3,000.00 upon execution of this Agreement. 2. The appeal is upheld. 3. Development consent is granted to DA201600206 for alterations and additions to an approved boarding house at 244-244A Wardell Road, Dulwich Hill subject to the conditions at Annexure "A". ……………. Jenny Smithson Commissioner 183267.16 - Annexure A - Conditions of Consent (97.6 KB, pdf) 183267.16 - Amended plans (3.99 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: 29 November 2016