Balvest One Pty Limited v Inner West Council

Land and Environment Court New South Wales Case Name:  Balvest One Pty Limited v Inner West Council Medium Neutral Citation:  [2016] NSWLEC 1397 Hearing Date(s):  Conciliation conference on 24 August 2016 Date of Orders: 26 August 2016 Decision Date:  26 August 2016 Jurisdiction:  Class 1 Before:  Dixon C Decision:  See (4) below Catchwords:  APPEAL: modification of development consent;  conciliation conference; agreement between the parties; orders Legislation Cited:  Land and Environment Court Act 1979 Category:  Principal judgment Parties:  Balvest One Pty Limited (Applicant) Inner West Council (Respondent) Representation:  Counsel: Michael Staunton (Applicant) Stephen Patterson (Solicitor) (Respondent) Solicitors: Sattler & Associates Pty Ltd (Applicant) Wilshire Webb Staunton Beattie (Respondent) File Number(s):  2016/00227262 Publication Restriction:  No JUDGMENTCOMMISSIONER: 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”.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.In making the orders to...