Land and Environment Court New South Wales Medium Neutral Citation: Huynh v Inner West Council [2018] NSWLEC 1538 Hearing dates: Conciliation conference on 28 September 2018 Date of orders: 10 October 2018 Decision date: 10 October 2018 Jurisdiction: Class 1 Before: Chilcott 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: Van Huynh (Applicant) Inner West Council (Respondent) Representation: Solicitors: G McKee, McKees Legal Solutions (Applicant) S Turner, Inner West Council (Respondent) File Number(s): 2018/72646 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 amend Development Application No. DA201700551 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 DA-02 Revision E Ground Floor Plan 26.9.2018 Fortey + Grant Architecture DA-03 Revision E First Floor Plan 26.9.2018 Fortey + Grant Architecture DA-04 Revision E Roof Plan 26.9.2018 Fortey + Grant Architecture DA-05 Revision E East & West Elevations 26.9.2018 Fortey + Grant Architecture DA-06 Revision E North & South Elevations 26.9.2018 Fortey + Grant Architecture DA-07 Revision E Sections 26.9.2018 Fortey + Grant Architecture DA-08 Revision E Schedule of Colours and Finishes 26.9.2018 Fortey + Grant Architecture DA-09 Revision E Erosion and Sediment Control Plan 26.9.2018 Fortey + Grant Architecture DA-11 Revision E Subdivision and Calculations 26.9.2018 Fortey + Grant Architecture L01 E Landscape Plan 17.9.2018 Hortus Design Basix Certificate No. 867494M_02 Proposed Lot 122 27.9.2018 Planning Approvals Basix Certificate No. 867494M_02 Proposed Lot 122A 27.9.2018 Planning Approvals 1. 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 $10,700 GST exclusive in full and final payment within 28 days. 2. The Applicant's cl4.6 written request to vary the development control for FSR set out in Clause 4.4 of the Marrickville Local Environmental Plan 2011 is upheld. 3. The appeal is upheld. 4. Development Application No. DA201700551 to demolish the existing single storey dwelling, subdivision of land into 2 Torrens Title allotments, construct a new 2 storey dwelling house on each allotment at 124 Victoria Street, Dulwich Hill be approved subject to the conditions which are behind Annexure 'B'. ………………………. Michael Chilcott Commissioner of the Court Annexure A (Plans) Annexure B (C) Amendments 15 October 2018 - Upload correct judgment with amendments. 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: 15 October 2018