Abdul-Rahman v Georges River Council

[2016] NSWLEC 1580

Land and Environment Court

New South Wales

Medium Neutral Citation:	Abdul-Rahman v Georges River Council [2016] NSWLEC 1580
Hearing dates:	Conciliation conference on 1 September, 4, 24 October, 7, 21, 25 November 2016
Date of orders:	02 December 2016
Decision date:	02 December 2016
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: demolition of existing improvements and construction of a multi dwelling housing development: 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:	Mehedin Abdul-Rahman (Applicant) Georges River Council (Respondent)
Representation:	Counsel: Mr S Shneider, solicitor (Applicant) Ms A Berry, solicitor (Respondent) Solicitors: Houston Dearn O'Connor (Applicant) Lindsay Taylor Lawyers (Respondent)
File Number(s):	2016/00162874
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of Development Application 2016/0051 for the demolition of existing improvements and construction of a multi dwelling housing development at 58 Lawrence Street Peakhurst.

2. 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”.

3. 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.

4. In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties.

5. The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:

1. The applicant is granted leave to amend the development application to rely on the amended plans and documents listed at condition 1 of Schedule A of Schedule 2 of the conditions of consent at Annexure "A" herein and:

1. Solar Access Diagram: Nos DA – 201-213 Revision P3 – dated 22.11.16,

2. Building Access Report prepared by Access Solutions dated 22 November 2016,

3. BASIX Certificate dated 23 November 2016,

4. BCA Assessment dated 24 November 2016,

5. Revised Traffic and Parking Implications dated October 2016.

2. The appeal is upheld.

3. Development consent is granted to Development Application 2016/0051 for the demolition of the existing dwellings and associated structures at 58 Lawrence Street Peakhurst in NSW and subsequent construction of a new multi dwelling housing development comprising six dwellings, basement car parking and associated landscaping. Subject to conditions of consent annexed hereto and marked "Annexure A".

4. The Applicant is to pay the Respondent's costs in the amount of $10,000.00 pursuant to section 97B of the Environmental Planning and Assessment Act 1979, within 21 days from the date of this agreement.

…………….

G T Brown

Commissioner

162874.16 (C) gtb (304 KB, pdf)