Claimant Amends Development Application and Wins Appeal

The claimant sought to amend their development application during a conciliation conference. An agreement was reached between the parties, and the appeal was subsequently upheld.

Land and [ADDRESS] South Wales

Medium Neutral Citation: [NAME] v Inner West Council [2017] NSWLEC 1424 Hearing dates: Conciliation Conference on 7 August 2017 Date of orders: 07 August 2017 Decision date: 07 August 2017 Jurisdiction: Class 1 Before: [NAME] SC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and [ADDRESS] 1979 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: [NAME] (Applicant) Inner West Council (Respondent) Representation: [NAME] (Authorised Agent) (Applicant) [NAME] (Solicitor) (Respondent) File Number(s): 2016/280657 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 [ADDRESS] 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. [ADDRESS] 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 [ADDRESS] 1979 are:

1. The Applicant is given leave to amend the development application by substituting the following plans as the plans relied upon for the purposes of the development application: Architectural Plans and Documents Drawing No. Dated Prepared By DA02 Issue C February 2017 [NAME] DA03 Issue C February 2017 [NAME] DA06 Issue C February 2017 [NAME] 13 February 2017 [NAME] Report (rooms 12 to 17) 15 February 2017 [NAME] of Management (Rooms 12 to 17) 15 February 2017 Amended Guest Details Form (Rooms 12 to 17) 15 February 2017 Amended Guest Registration Form (Rooms 12 to 17) 15 February 2017 Amended Hotel Rules and Regulations (Rooms 12 to 17) 15 February 2017

1. The Applicant is to pay the costs thrown away as a result of amending the development application pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the sum of $5,000 within 28 days.

2. The appeal is upheld.

3. Development Application No. DA 2015/00721 for use of 6 rooms as hotel or motel accommodation, installation of a lift and upgrade of a bathroom at the [COMPANY] at [ADDRESS], [COMPANY] is determined by approving the plans referred to in condition A1 of Annexure "A" and subject to the conditions of development consent set out in Annexure "A". ……………. [NAME] Senior Commissioner 280657.17 (C) (194 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: 09 August 2017