Robert Dening v Inner West Council [2017] NSWLEC 1639

Land and Environment Court New South Wales

Medium Neutral Citation: Robert Dening v Inner West Council [2017] NSWLEC 1639 Hearing dates: Conciliation conference on 20 October 2017 Date of orders: 10 November 2017 Decision date: 10 November 2017 Jurisdiction: Class 1 Before: O'Neill 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: Robert Dening (Applicant) Inner West Council (Respondent) Representation: Counsel: Mr S. Kondilios solicitor (Applicant) Mr M. Bonanno solicitor (Respondent)

Solicitors: Hall & Wilcox Lawyers (Applicant) Inner West Council (Respondent) File Number(s): 2017/187023

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, 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 were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders. 1. The appeal is upheld. 2. The Applicant is granted leave to amend Development Application No. DA10.2016.224.1 and to rely upon the following amended plans and documents, copies of which are behind Annexure "A": No. Revision Title Prepared by Amendment Date DA01 B Site Plan DDM Design Group Pty Ltd 27.10.2017 DA04 B Proposed Floor Plan DDM Design Group Pty Ltd 27.10.2017 DA05 B Proposed Elevations Sheet 1 DDM Design Group Pty Ltd 27.10.2017 DA06 B Proposed Elevations Sheet 2 DDM Design Group Pty Ltd 27.10.2017 DA07 B Proposed Sections DDM Design Group Pty Ltd 27.10.2017 BASIX Certificate No. DDM Design Group Pty Ltd 26.10.2017 752064S_04