Development Application Approved Following Agreement in Conciliation Conference

The court approved a development application for demolition of existing structures and construction of a boarding house following an agreement reached during a conciliation conference, subject to conditions set out in the Environmental Planning and Assessment Act.

OUTCOME: Allowed

Land and [ADDRESS] South Wales

Medium Neutral Citation: [NAME] v Inner West Council [2018] NSWLEC 1449 Hearing dates: Conciliation conference on 24 August 2018 Date of orders: 24 August 2018 Decision date: 24 August 2018 Jurisdiction: Class 1 Before: [NAME]: See [4] below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and [ADDRESS] 1979 Category: Principal judgment Parties: [APPELLANT] (1st Applicant) [APPELLANT] (2nd Applicant) Inner West Council (Respondent) Representation: Solicitors: [redacted] [RESPONDENT], Inner West Council (Respondent) File Number(s): 2017/298073 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 s 34(3) of the Land and [ADDRESS] 1979 are:

1. The applicant's clause 4.6 written request in relation to the FRS development standard is upheld.

2. The applicant is granted leave to amend the development application and to rely on the plans listed in condition 1 in Annexure 'A'.

3. The Appeal is upheld.

4. Development Application DA201700142 for demolition of existing structures and construction of a part two, part three storey boarding house comprising twelve boarding rooms (including one room for a caretaker), associated landscaping works and parking for two cars, two motorcycles and two bicycles at [ADDRESS], Stanmore at [ADDRESS], Stanmore is approved subject to the conditions set out in Annexure "A".

5. The applicant is to pay the respondent's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $8,000.00 within 14 days. ………………………. [NAME] Commissioner of the Court Annexure A (253 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: 24 August 2018