Leichhardt 141 Pty Limited v Inner West Council [2017] NSWLEC 1184

Land and Environment Court New South Wales

Medium Neutral Citation: Leichhardt 141 Pty Limited v Inner West Council [2017] NSWLEC 1184 Hearing dates: Conciliation conference on 7 April 2017 Date of orders: 10 April 2017 Decision date: 10 April 2017 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: LEICHHARDT 141 PTY LTD (Applicant) INNER WEST COUNCIL (Respondent) Representation: Solicitor: Ms J Reid, Martin Place Chambers (Applicant) Mr M Bonanno, Lindsay Taylor Lawyers (Respondent) File Number(s): 2016/360373 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 appeal is upheld. 2. Section 96(8) application to modify development consent D/2015/641 is approved by deleting deferred commencement condition 1 and inserting new condition 75A as contained in Annexure "A". 3. As a consequence of order 2(b) and the modifications to development consent D/2015/641 approved by the Court in in these proceedings, Development Consent DA/2015/641 is now subject to the consolidated, modified conditions of development consent set out in Annexure "B". ………………………. Commissioner Chilcott 360373.16 Chilcott - Annexure A (135 KB, pdf) 360373.16 Chilcott - Annexure B (525 KB, pdf) 360373.16 Chilcott - VPA Executed - Final - 13Apr15 (230 KB, pdf) 360373.16 Chilcott - 159 Allen Street Garbage Storage R2 (293 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: 11 April 2017