Yapp Pty Ltd v Inner West Council [2018] NSWLEC 1415

Land and Environment Court New South Wales

Medium Neutral Citation: Yapp Pty Ltd v Inner West Council [2018] NSWLEC 1415 Hearing dates: Conciliation Conference on 28 June 2018; 10 July 2018 Date of orders: 07 August 2018 Decision date: 07 August 2018 Jurisdiction: Class 1 Before: O'Neill C Decision: See [4] below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Leichhardt Local Environmental Plan 2013 Category: Principal judgment Parties: Yapp Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Solicitors: S Kondilios, Hall & Wilcox (Applicant) M Bonanno, Inner West Council (Respondent) File Number(s): 2017/377838 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 appeal is upheld. 2. The Applicant is granted leave to amend Development Application No. D/2017/547 and to rely upon the following amended plans and documents, copies of which are behind Annexure "A": Plan Reference Drawn By Dated DA0000 Rev 07 DA0100 Rev 06 DA0101 Rev 06 DA0102 Rev 07 DA1000 Rev 07 DA1001 Rev 06 DA1100 Rev 07 DA1101 Rev 07 DA2000 Rev 06 DA2001 Rev 06 DA2100 Rev 07 DA2101 Rev 07 H&E Architects 28.06.2018 DA3000 Rev 07 DA3001 Rev 06 DA3101 Rev 07 DA9000 Rev 06 DA9100 Rev 06 DA9101 Rev 06 DA9102 Rev 06 DA9103 Rev 04 DA9104 Rev 04 DA9105 Rev 04 DA9200 Rev 04 Document Title Prepared By Dated BASIX Certificate No.A287455 Humphrey & Edwards 11.10.2017 Landscape Plans - DA 01/E dated 29.06.2018, DA 02/D dated 16.05.2018, DA 03/E dated 29.06.2018, DA 04/E dated 28.06.2018, DA 05/A dated 16.05.2018 Emily Simpson landscape architecture Stormwater Design HDA01 / P2 HDA02 / P2 HDA03 / P2 Liquid Hydraulics 15.05.2018 HDA04 / P2 HDA05 / P2 HDA06 / P2