Land and Environment Court New South Wales Medium Neutral Citation: John Cominos v Inner West Council [2017] NSWLEC 1094 Hearing dates: Conciliation conference on 31 January & 14 February 2017 Date of orders: 24 February 2017 Decision date: 24 February 2017 Jurisdiction: Class 1 Before: Fakes AC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: subdivision and construction of three dwellings; tree protection; setbacks; streetscape; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: John and Eleni Conimos (Applicant) Inner West Council (Respondent) Representation: Solicitor: Mr A Whealy, Mills Oakley (Applicant) Mr G Christmas, Apex Planning & Environment Law (Respondent) File Number(s): 2016/00307366 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 DA02b Issue C Ground Floor Plan 13/02/17 Archispectrum DA03b Issue C First Floor Plan 13/02/17 Archispectrum DA04b Issue C Loft Plan 13/02/17 Archispectrum DA05b Issue C Site & Roof Plan 13/02/17 Archispectrum DA06b Issue C South Elevation 13/02/17 Archispectrum DA07b Issue C North Elevation 13/02/17 Archispectrum DA08b Issue C East Elevation 13/02/17 Archispectrum DA09b Issue C West Elevation 13/02/17 Archispectrum DA10b Issue C Section AA 13/02/17 Archispectrum DA11b Issue C Subdivision Plan 13/02/17 Archispectrum DA18a Issue C Concept Stormwater Plan 13/02/17 Archispectrum DA19a Issue C Erosion and Sediment Control Plan 13/02/17 Archispectrum DA20a Issue C External Finishes Schedule 13/02/17 Archispectrum Rev C Landscape Plan 13/02/2017 Site Design + Studios 1. Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs agreed at $1,000.00 upon execution of this Agreement. 2. The appeal is upheld. 3. Development consent is granted to DA201600161 for demolition of the existing dwelling; the subdivision of the existing lot into 3 lots; and the construction of a dwelling house on each lot on the land known as 11 Alfred Street, St Peters subject to the conditions at Annexure "A". ………………………. Acting Commissioner Fakes 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: 27 February 2017