Giovanna Fragomeli v Inner West Council [2017] NSWLEC 1697

Land and Environment Court New South Wales

Medium Neutral Citation: Giovanna Fragomeli v Inner West Council [2017] NSWLEC 1697 Hearing dates: Conciliation conference on 22 November 2017 Date of orders: 07 December 2017 Decision date: 07 December 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: Giovanna Fragomeli (Applicant) Inner West Council (Respondent) Representation: Solicitors: Ms A Spizzo (Applicant), Landerer & Company Mr S Turner (Respondent), Inner West Council File Number(s): 2017/211842 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. Appeal upheld. 2. Section 96 application number M/2017/75 to modify Development Consent No. D/2015/421 for demolition of existing dwelling and construction of two (2) new two storey dwellings at 110 Hubert Street, Lilyfield being Lot 18 & 19, Sec 19 DP 1162 is determined by approving the modifications as set out in "Annexure A". 3. As a consequence of order (2), Development Consent No. D/2015/421 is now subject to the consolidated, modified conditions of development consent set out in "Annexure B". 4. 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 $7,000 payable within 28 days. ………………………. Commissioner Chilcott Annexure A (C) Annexure B (C) 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: 08 December 2017