Milestone (Aust) Pty Limited v Inner West Council

Land and Environment Court New South Wales Case Name:  Milestone (Aust) Pty Limited v Inner West Council Medium Neutral Citation:  [2016] NSWLEC 1457 Hearing Date(s):  Conciliation conference on 27 September 2016 Date of Orders: 29 September 2016 Decision Date:  29 September 2016 Jurisdiction:  Class 1 Before:  Dickson C Decision:  See [6] below Catchwords:  DEVELOPMENT APPEAL - s97(1) against deemed refusal - conciliation conference - agreement between the parties - orders Legislation Cited:  Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:  Principal judgment Parties:  Milestone (Aust) Pty Limited (Applicant) Inner West Council (Respondent) Representation:  Counsel: I, Hemmings SC, (Applicant) Solicitors: M Peatman, Hunt & Hunt (Applicant) S Turner, Inner West Council (Respondent) File Number(s):  2016/00212037 Publication Restriction:  No JUDGMENTCOMMISSIONER: This is an appeal, under s97(1) of the Environmental Planning and Assessment Act 1979, against the deemed refusal of development application (D/2015/734) for the substantial demolition of the rear of the existing dwelling, alternations and additions, construction of a basement, tree removal, remediation, pool and site landscaping at 118 Louisa Road Birchgrove.The appeal was subject to mandatory conciliation on 27 September 2016, in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979 (LEC Act). During the conciliation conference, an agreement under s 34(3) of the LEC 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...