Land and Environment Court New South Wales Medium Neutral Citation: Legge & Legge Architects Pty Ltd v Inner West Council [2018] NSWLEC 1483 Hearing dates: Conciliation conference on 3 September 2018 Date of orders: 13 September 2018 Decision date: 13 September 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 Category: Principal judgment Parties: Legge & Legge Architects Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Solicitors: S Kondilios, Hall and Wilcox Lawyers (Applicant) S Turner, Inner West Council (Respondent) File Number(s): 2018/42711 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 amended Development Application No. D/2017/494 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 Type DA102, Rev H Subdivision Plan 03.09.18 Legge & Legge Architects DA111-113, 120-122, 130, 150-152 & 154, all Rev H Architectural Plans 03.09.18 Legge & Legge Architects DA109, 110 & 131, all Rev I Architectural Plans 10.09.18 Legge & Legge Architects DA Revision B Landscape Plans 11.09.18 Shobha Designs 17MB7579/D01 Issue A Stormwater Plans 22.09.2017 United Consulting Engineers Pty Ltd BA170907 Aircraft Noise Assessment October 2017 Blackett Acoustics Revision C Materials & Finishes Schedule 04.09.18 Legge & Legge Architects 861726_02 BASIX Certificate Lot 19a 06.09.18 Renovation Solutions Pty Ltd 861167S_02 BASIX Certificate Lot 19 06.09.18 Renovation Solutions Pty Ltd 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 $8,000 GST inclusive in full and final payment within 28 days. 3. Development Application No. D/2017/494 for demolition of all structures, subdivision of the allotment into two allotments and construction of two x three storey semi-detached dwellings, at 19 Margaret Street, Stanmore, be approved subject to the conditions which are behind Annexure 'B'. ………………………. Commissioner O'Neill Annexure A Annexure B (C) Amendments 19 September 2018 - Attached Annexures A and B. 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: 19 September 2018