Land and Environment Court New South Wales Medium Neutral Citation: Kent Geeves v Inner West Council [2017] NSWLEC 1610 Hearing dates: Conciliation conference on 24 October 2017 Date of orders: 31 October 2017 Decision date: 31 October 2017 Jurisdiction: Class 1 Before: Dickson 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: Kent Geeves (Applicant) Inner West Council (Respondent) Representation: Solicitors: Mr Rigg (Applicant) Mr Turner(Respondent) File Number(s): 2017/00205435 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. The Applicant is granted leave to amend Development Application No. DA201700156 and to rely upon the following amended plans and documents, copies of which are behind Annexure "A": Plan Reference & Title Drawn By Dated DA02B to DA08B Archispectrum 25.10.17 DA13B Document Title Prepared By Dated BASIX Certificate A277332_02 G Build Pty Ltd 24.10.17 Acoustic Report – Aircraft Noise Ref 2017-134 Acoustic Consulting Engineers Pty Ltd 04.04.17 Waste Management Plan – Issue A Archispectrum April 2017 1. The Applicant is to pay the Respondents costs, of $2,000 within 28 days, under section 97B of the Environmental Planning and Assessment Act 1979. 2. Development Application No. DA201700156 for demolition of the existing dwelling and carry out ground and first floor alterations and additions to a dwelling at 123 Station Street, Petersham, be approved subject to the conditions which are behind Annexure "B". D Dickson Commissioner of the Land and Environment Court of NSW Annexure A (Plans and BASIX) (1.88 MB, pdf) Annexure B (C) (210 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: 31 October 2017