Savell v Inner West Council

Land and Environment Court New South Wales Medium Neutral Citation: Savell v Inner West Council [2016] NSWLEC 1517 Hearing dates:Conciliation conference on 5, 26 October 2016Date of orders: 03 November 2016 Decision date: 03 November 2016 Jurisdiction:Class 1Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION; alterations and additions to an approved but not constructed 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: Jonathan Savell (Applicant) Inner West Council (Respondent) Representation: Counsel: Mr M Staunton, barrister (Applicant) Ms J McKelvey, barrister (Respondent) Solicitors: Mills Oakley Applicant) Inner West Council (Respondent) File Number(s):2016/00160765Publication restriction:NoJudgment COMMISSIONER: This is an appeal against the refusal of Development Application D/2015/735 for alterations and additions to an approved but not constructed dwelling at 22 Charlotte Street Rozelle. 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...