Akkari v Burwood Council

[2018] NSWLEC 1318

Land and Environment Court

New South Wales

Medium Neutral Citation:	Akkari v Burwood Council [2018] NSWLEC 1318
Hearing dates:	Conciliation conference on 20 March, 12, 19 April, 30 May 2018
Date of orders:	22 June 2018
Decision date:	22 June 2018
Jurisdiction:	Class 1
Before:	Blakely AC
Decision:	See [4] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Joumana Akkari (Applicant) Burwood Council (Respondent)
Representation:	Solicitors: G McKee, McKees Legal Solutions (Applicant) S Shneider, Houston Dearn O'Connor (Respondent)
File Number(s):	2017/310103
Publication restriction:	No

Judgment

1. COMMISSIONER: 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”.

2. 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.

3. 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.

4. The final orders to give effect to the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979 are:

1. The applicant is granted leave to amend the development application and rely on the plans referred to in Condition 1 of Annexure “A” to this agreement.

2. The Appeal is upheld.

3. Development Application Number 184/2016 for the demolition of existing structures and the construction of a 5 storey mixed-use development comprising 12 residential apartments and 2 commercial tenancies with 2 level basement carpark is approved subject to the conditions set out in Annexure “A” to this agreement.

4. The applicant is to pay the respondent’s costs thrown away pursuant to s8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $5,000.00 within 28 days from the date of these Orders.

……………………….

Acting Commissioner Blakely

Annexure A (126 KB, pdf)