Julian McGrath v Inner West Council

Land and Environment Court New South Wales Medium Neutral Citation: Julian McGrath v Inner West Council [2016] NSWLEC 1406 Hearing dates:Conciliation conference on 11 August 2016Date of orders: 07 September 2016 Decision date: 07 September 2016 Jurisdiction:Class 1Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: alterations and additions to an existing dwelling; conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: Julian McGrath (Applicant) Inner West Council (Respondent) Representation: Ms K Gerathy, HWL Ebsworth Lawyers (Applicant) Mr S Turner, Inner West Council (Respondent) File Number(s):2016/160290Publication restriction:NoJudgment COMMISSIONER: This is an appeal against the refusal of Development Application D/2015/525 for alterations and additions to an existing dwelling at 262 Nelson Street Annandale. 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...