Kosta Papanikitis v Inner West Council [2017] NSWLEC 1698

Land and Environment Court New South Wales

Medium Neutral Citation: Kosta Papanikitis v Inner West Council [2017] NSWLEC 1698 Hearing dates: Conciliation conference on 14 November 2017 Date of orders: 06 December 2017 Decision date: 06 December 2017 Jurisdiction: Class 1 Before: Bish 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: Kosta Papanikitis (Applicant) Inner West Council (Respondent) Representation: Solicitors: Mr P Vergotis (Applicant) Mr M Bonanno (Respondent) File Number(s): 2017/209576 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 for the Applicant to rely on the amended Plan No. CD-05 Revision A dated 28 November 2017. 2. The appeal is upheld and Modification Application 201600349.01, for alterations and additions to the existing dwelling at 22 Charles Street, Enmore NSW, is approved and Development Consent No. 201600349 dated 14 November 2016 is modified as follows: 1. Condition 1 – Plan No. DA-05 Revision B proposed Ground Floor Plan dated 18 October 2016 is deleted and substituted with Annexure A being Plan No. CD-05 Revision A dated 28 November 2017. ………………………. Commissioner Bish Annexure A 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: 06 December 2017