Susannah Cassar v Inner West Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Susannah Cassar v Inner West Council [2016] NSWLEC 1477 Hearing dates:Conciliation conference on 31 August, 1 September 2016Date of orders: 05 October 2016 Decision date: 05 October 2016 Jurisdiction:Class 1Before: Dickson C Decision: See [5] below Catchwords: DEVELOPMENT APPEAL under s97(1) against refusal - conciliation conference - agreement between the parties - orders Legislation Cited: Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979 Category:Principal judgmentParties: The Plan Shop (Applicant) Inner West Council (Respondent) Representation: Solicitors: Mr. Loether, Bartier Perry, (Applicant) Mr. Bonnamo, Lindsay Taylor Lawyers (Respondent) File Number(s):2016/00161769Publication restriction:NoJudgment COMMISSIONER: This is an appeal pursuant to the provisions of s 97(1) of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No. DA 2015/634 demolition of the existing dwelling, tree removal and construction of a dual-occupancy dwelling and swimming pool with torrens title subdivision (the proposal) at 24 Henry St, Leichhardt (the site) by Inner West Council (the Council). The appeal was subject to mandatory conciliation on 1 September 2016, in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979 (LEC Act). In this matter, at or after a 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...