Ronowicz v Inner West Council [2018] NSWLEC 1287

Land and Environment Court New South Wales

Medium Neutral Citation: Ronowicz v Inner West Council [2018] NSWLEC 1287 Hearing dates: Conciliation conference on 14 June 2018 Date of orders: 14 June 2018 Decision date: 14 June 2018 Jurisdiction: Class 1 Before: Chilcott C Decision: See [4] below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Jakub Ryszard Ronowicz (1st Applicant) Claire Natasha Middleton (2nd Applicant) Inner West Council (Respondent) Representation: Solicitor: J Palmer, Pikes & Verekers Lawyers (Applicants) S Turner, Inner West Council (Respondent) File Number(s): 2017/370363 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 s 34(3) of the Land and Environment Court Act 1979 are: 1. The Applicant is granted leave to amend Development Application No. D/2017/94 and to rely upon the following amended plans and documents, copies of which are included as Annexure "A": 1. The appeal is upheld. 2. Development Application No. D/2017/94 to carry out internal alterations to existing dwelling and construction of new first floor addition at 98 Phillip Street, Birchgrove be approved subject to the conditions contained at Annexure "B". 3. 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 $1,000 GST inclusive in full and final payment within 28 days. ………………………. Michael Chilcott Commissioner of the Court Annexure A (1.11 MB, pdf) Annexure B (457 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: 14 June 2018