Land and Environment Court New South Wales Medium Neutral Citation: Scionti v Inner West Council [2018] NSWLEC 1119 Hearing dates: Conciliation conference on 21 January 2018 Date of orders: 08 March 2018 Decision date: 08 March 2018 Jurisdiction: Class 1 Before: Dickson C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: Terrace House; remedial restorative works; conciliation conference; agreement between the parties; orders BUILDING CERTIFICATE: floor and roof slab; ; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Alex Scionti (Applicant) Inner West Council (Respondent) Representation: Solicitor: Ms. A Spizzo, Landerer and Company (Applicant) Mr. M Bonanno, Inner West Council (Respondent) File Number(s): 2017/263523 and 2017/252285 Publication restriction: No Judgment 1. COMMISSIONER: This is an appeal against the refusal by Inner West Council of a development application that sought to undertake remedial and restorative works following construction or works that were not in accordance with a previous consent. Concurrently the applicant has appealed Councils refusal of a building certificate that seeks to regularise the first floor slab and roof slab. The subject site is located at 80 Darling 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 Applicant is granted leave to rely upon the following amended plans and documents: Plan Reference Drawn By Dated Drawing No.: DA00 Paul Davies Architects 31 January 2017 Proposed Site and Roof Plan Drawing No.: DA01 Paul Davies Architects 29 March 2017 Floor Plans Drawing No.: DA02 Paul Davies Architects 29 March 2017 Existing and Proposed Elevations Drawing No.: DA03 Paul Davies Architects 29 March 2017 Existing and Proposed Sections Drawing No.: DA04 Paul Davies Architects 24 January 2017 Proposed Colour Schedule Document Title Prepared By Dated Identification Survey Certificate Landmark Surveys 26 July 2016 Structural Certificate Structural Design Solutions 23 March 2017 Structural Engineers Report ACOR Consultants 21 February 2018 DA Cover Letter Paul Davies Architects 30 January 2017 Legal Advice re: Owner's Consent for Building Certificate Michael Staunton of Counsel 23 February 2018 Legal Advice re: Owner's Consent for DA Michael Staunton of Counsel 23 February 2018 1. The appeals are upheld. 2. Development application No. D/2017/41 for consent to carry out alterations and additions to the existing building at 80 Darling Street, Balmain is approved subject to the conditions set out in Annexure "A". 3. The Building Certificate Application No. BC/30/2016 is approved. 4. The applicant shall pay the Respondent's costs pursuant to s8.15(3) of the Environmental Planning and Assessment Act 1979 of $3,000.00 within 28 days of these orders being made. ……………. D M Dickson Commissioner of the Court Annexure A (155 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: 09 March 2018