Land and Environment Court New South Wales Medium Neutral Citation: Conrad Johnston v Inner West Council [2017] NSWLEC 1650 Hearing dates: Conciliation conference on 17 October & 8 November 2017 Date of orders: 15 November 2017 Decision date: 15 November 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: Conrad Johnston (Applicant) Inner West Council (Respondent) Representation: Solicitor: Mr A Knox, Pikes & Verekers Lawyers (Applicant) Mr S Turner, Inner West Council (Respondent) File Number(s): 2017/195880 Publication restriction: No Judgment 1. COMMISSIONER: This is an appeal, under s97 of the Environmental Planning and Assessment Act 1979, against Council's deemed refusal of development application number D/2017/66. The application seeks approval to carry out alterations and additions to a heritage listed property at 8 Broderick Street, Balmain. 2. 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". 3. 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. 4. 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. 5. 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 rely upon the architectural drawings annexed hereto and marked with the letter "A". 3. The applicant is to pay the respondent's costs thrown away pursuant to s97b of the Environmental Planning and Assessment Act 1979 in the sum of $500. 4. Development application D/2016/497 for alterations and additions to the existing attached dwelling house at 8 Broderick Street, Balmain is approved subject to the conditions annexed hereto and marked with the letter "B". ……………. D M Dickson 195880.17 Dickson - DA-601 GA South Elevation - west (1.34 MB, pdf) 195880.17 Dickson - DA-607 GA North Elevation (1.23 MB, pdf) 195880.17 Dickson - DA-600 GA South Elevation - East (2.13 MB, pdf) 195880.17 Dickson - DA-602 GA East West Elevation (5.19 MB, pdf) 195880.17 Dickson - Annexure B (550 KB, pdf) 195880.17 Dickson - DA-603 Section A - east (927 KB, pdf) 195880.17 Dickson - DA-604 Section A - west (611 KB, pdf) 195880.17 Dickson - A-900-001 00_Details (163 KB, pdf) 195880.17 Dickson - DA-302 Level 1 Plan (223 KB, pdf) 195880.17 Dickson - DA-303 Level 2 Plan (231 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: 17 November 2017