Land and Environment Court New South Wales Medium Neutral Citation: Maistry v Inner West Council [2018] NSWLEC 1432 Hearing dates: Conciliation conference on 22 June 2018 and 31 July 2018 Date of orders: 16 August 2018 Decision date: 16 August 2018 Jurisdiction: Class 1 Before: Dixon SC 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: Anandh Maistry (Applicant) Inner West Council (Respondent) Representation: Solicitors: A Whealy, Mills Oakley (Applicant) G Christmas, Apex Planning & Environment Law (Respondent) File Number(s): 2017/376001 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. Leave is granted to the Applicant to rely on the following amended architectural plans: Plan No Revision Plan type Prepared by Date 1.1 C Site & Analysis Benedict Design 13/08/2018 1.2 C Ground Floor Benedict Design 13/08/2018 1.3 C First Floor Benedict Design 13/08/2018 1.4 C Roof Benedict Design 13/08/2018 1.5 C Existing Ground Floor Benedict Design 13/08/2018 1.6 C Existing First Floor Benedict Design 13/08/2018 2.1 C Section AA + BB Benedict Design 13/08/2018 2.2 C Section CC Benedict Design 13/08/2018 3.1 C Elevations Benedict Design 13/08/2018 3.2 C North Elevations Benedict Design 13/08/2018 3.3 C South Elevations Benedict Design 13/08/2018 3.4 C East + West Elevations Benedict Design 13/08/2018 5.1 C Perspectives & Finishes Benedict Design 13/08/2018 1. Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs agreed of $1,500.00 upon execution of this Agreement. 2. The appeal is upheld. 3. Development consent is granted to DA17.2017.168.1 for the demolition of the existing garages; alterations and additions to the existing residential flat building including the provision of two new dwellings with associated parking on land known as 122 Victoria Street, Ashfield subject to the conditions at Annexure "A". ………………………. Susan Dixon Senior Commissioner of the Court Annexure A (395 KB, pdf) Plans (3.15 MB, 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: 03 September 2018