Stanmore Developments Pty Ltd v Inner West Council [2017] NSWLEC 1116

Land and Environment Court New South Wales

Medium Neutral Citation: Stanmore Developments Pty Ltd v Inner West Council [2017] NSWLEC 1116 Hearing dates: Conciliation on 14 February 2017 Date of orders: 06 March 2017 Decision date: 06 March 2017 Jurisdiction: Class 1 Before: Smithson C Decision: See (4) below Catchwords: MODIFICATION APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Stanmore Developments Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Anthony Boskovitz, Boskovitz & Associates (Applicant) Chris Drury, Sparke Helmore (Respondent) File Number(s): 2016/343013 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. The applicant is granted leave to rely upon the amended architectural plans and elevations referred to in paragraph 1b. of the document titled Modifications to the conditions of consent in Annexure "A". 2. The appeal is upheld. 3. Modification application No. DA201500717.1 to modify Development Consent No. DA201500717 for alterations and additions to the approved residential flat building is determined by approving the modifications set out in Annexure "A". 4. As a consequence of order 2(c) and the modifications to the Development Consent No. DA201500717 approved by the Court in proceedings 2016/343013, Development Consent No. DA201500717 is now subject to the consolidated, modified conditions of development consent set out in Annexure "B". 5. Each party pays its own costs of the proceedings. ……………. Jenny Smithson Commissioner 343013.16 Annexure A (C) (154 KB, pdf) 343013.16 Annexure B (C) (457 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 March 2017