Nathan Hall v Inner West Council [2017] NSWLEC 1539

Land and Environment Court New South Wales

Medium Neutral Citation: Nathan Hall v Inner West Council [2017] NSWLEC 1539 Hearing dates: Conciliation conference on 26 September 2017 Date of orders: 27 September 2017 Decision date: 27 September 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: Nathan Hall (Applicant) Inner West Council (Respondent) Representation: Dr J Smith, Martin Place Chambers (Applicant) Mr M Bonanno, Inner West Council (Respondent) File Number(s): 2017/188530 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 upon the amended plans and supplementary documents referred to in Condition 3 of Annexure "A": 2. The appeal is upheld. 3. Development Consent is granted to development application D/2016/411 for the demolition of the existing dwelling house and the construction of a 2-storey dwelling house and detached garage/studio at No. 42 Merton Street, Rozelle, subject to the Conditions in Annexure "A". ………………………. Commissioner Chilcott Annexure A (397 KB, pdf)