Land and Environment Court New South Wales Medium Neutral Citation: P K Family Investments No. 2 Pty Limited v Inner West Council [2018] NSWLEC 1235 Hearing dates: Conciliation conference on 15 May 2018 Date of orders: 21 May 2018 Decision date: 21 May 2018 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: P K Family Investments No. 2 Pty Limited (Applicant) Inner West Council (Respondent) Representation: Solicitors: P Rigg, Peter R Rigg (Applicant) S Turner, Inner West Council (Respondent) File Number(s): 2017/343692 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. The Applicant is granted leave to amend Development Application No. DA201700354 and to rely upon the following amended plans and documents, copies of which are behind Annexure "A": Plan, Revision and Issue No. Plan Name/ Certificate Date Issued Prepared by Date Submitted Type DA02 Rev C Proposed Ground Floor Plan 16.05.2018 Archispectrum 16.05.2018 DA03 Rev C Proposed First Floor Plan 16.05.2018 Archispectrum 16.05.2018 DA04 Rev C Proposed Site & Roof Plan 16.05.2018 Archispectrum 16.05.2018 DA05 Rev c Proposed Front & Rear Elevations 16.05.2018 Archispectrum 16.05.2018 DA06 Rev C Proposed Darley Lane Elevations 16.05.2018 Archispectrum 16.05.2018 DA07 Rev C Proposed Side Elevations 16.05.2018 Archispectrum 16.05.2018 DA08 Rev C Proposed Section 16.05.2018 Archispectrum 16.05.2018 DA09 Rev C Subdivision Plan 16.05.2018 Archispectrum 16.05.2018 DA11 Rev C External Finishes 16.05.2018 Archispectrum 16.05.2018 DA13 Rev C Landscape Concept Plan 16.05.2018 Archispectrum 16.05.2018 838773S BASIX Certificate 07.07.2017 Greenworld Architectural Drafting 17.07.2017 A286175 BASIX Certificate 07.07.2017 Greenworld Architectural Drafting 17.07.2017 1. The appeal is upheld. 2. The applicant is to pay the Council's costs thrown away as a result of the amendment of the application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $2,000 GST inclusive in full and final payment within 28 days. 3. Development Application No. DA201700354 to demolish a secondary dwelling and part of an existing dwelling, subdivision of land into 2 Torrens Title allotments, maintain and carry out alterations and additions to the existing dwelling house on Lot 1 and construct a new 2 storey dwelling house on Lot 2 at 27 Darley Street, Newtown, be approved subject to the conditions which are behind Annexure "B". ………………………. Sarah Bish Commissioner of the Court Annexure A (4.52 MB, pdf) Annexure B (207 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: 22 May 2018