Land and Environment Court New South Wales Medium Neutral Citation: Chelzi Pty Ltd v Inner West Council [2018] NSWLEC 1338 Hearing dates: Conciliation conference on 1 May 2018 and 13 June 2018 Date of orders: 05 July 2018 Decision date: 05 July 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: Chelzi Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Solicitors: K Gerathy, HWL Ebsworth Lawyers (Applicant) S Turner, Inner West Council (Respondent) File Number(s): 2017/340786 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 rely on amended plans as set out in "Annexure A"; 2. The Appeal is upheld; 3. Development Application No. D/2017/33, for alterations and additions to the rear of the existing dwelling with a single car space at grade, and associated works including a swimming pool, a 1000L rainwater tank to the Rosieville Street elevation and two trees planted within the front gardens at 2 Young Street, Balmain, is determined by approval subject to conditions as set out in "Annexure B". 4. Each party is to pay its own costs. 5. The Respondent's costs pursuant to Order number 2 made 21 November 2017 are nil. ………………………. Sarah Bish Commissioner of the Court Annexure A (2.36 MB, pdf) Annexure B (391 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: 05 July 2018