Land and Environment Court New South Wales Medium Neutral Citation: Alexander Milios v Inner West Council [2016] NSWLEC 1637 Hearing dates: Conciliation conference on 18 November 2016 Date of orders: 23 December 2016 Decision date: 23 December 2016 Jurisdiction: Class 1 Before: Chilcott 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: Alexander Milios (Applicant) Inner West Council (Respondent) Representation: Mr V Conomos, Conomos Legal (Applicant) Mr G Christmas, Apex Planning & Environment Law (Repsondent) File Number(s): 2016/229102 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 make, 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: Plan, Revision and Issue No. Plan Name/ Certificate Date Issued Prepared by Type DA102 Subdivision Plan 5 December 2016 KVMZV Architecture Rev. B1 DA103 Site Plan- Ground Floor 5 December 2016 KVMZV Architecture Rev. B1 DA104 Site Plan- First Floor 5 December 2016 KVMZV Architecture Rev. B1 DA105 Demolition Plan 25 November 2016 KVMZV Architecture Rev. B DA107 Landscape Plan 5 December 2016 KVMZV Architecture Rev. B1 DA108 Landscape Details & Notes 5 December 2016 KVMZV Architecture Rev. B1 DA201 Ground Floor Plan 5 December 2016 KVMZV Architecture Rev. B1 DA202 First Floor Plan 5 December 2016 KVMZV Architecture Rev. B1 DA203 Roof Plan 5 December 2016 KVMZV Architecture Rev. B1 DA301 Elevations 5 December 2016 KVMZV Architecture Rev. B1 DA302 Elevations 5 December 2016 KVMZV Architecture Rev. B1 DA303 Elevations 5 December 2016 KVMZV Architecture Rev. B1 DA304 Elevations 5 December 2016 KVMZV Architecture Rev. B1 DA401 Sections 5 December 2016 KVMZV Architecture Rev. B1 DA402 Sections 5 December 2016 KVMZV Architecture Rev. B1 DA403 Sections 5 December 2016 KVMZV Architecture Rev. B1 DA404 Sections 5 December 2016 KVMZV Architecture Rev. B1 DA405 Sections 5 December 2016 KVMZV Architecture Rev. B1 DA701 Window Schedule 8 December 2016 KVMZV Architecture Rev.B1 DA702 Window and Door Schedule 8 December 2016 KVMZV Architecture Rev.B1 DA703 Door Schedule 8 December 2016 KVMZV Architecture Rev.B1 DA704 Door Schedule 8 December 2016 KVMZV Architecture Rev.B1 1. Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs agreed at $1,500.00 upon execution of this Agreement. 2. The appeal is upheld. 3. Development consent is granted to DA201600249 for demolition of the existing dwellings and associated outbuildings; the subdivision of 2 lots into 4 lots; and the construction of a dwelling house on each lot on the land known as 85 and 89 Silver Street, St Peters subject to the conditions at Annexure "A". ……………. Commissioner Chilcott 229102.16 Chilcott (C) (250 KB, pdf) 229102.16 Chilcott - Plans (435 KB, pdf) 229102.16 Chilcott - Landscape Plans (830 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: 23 December 2016