Al-Sharifi v Sutherland Shire Council

[2018] NSWLEC 1540

Land and Environment Court

New South Wales

Medium Neutral Citation:	Al-Sharifi v Sutherland Shire Council [2018] NSWLEC 1540
Hearing dates:	Conciliation conference on 8 October 2018
Date of orders:	10 October 2018
Decision date:	10 October 2018
Jurisdiction:	Class 1
Before:	Bish C
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:	Moslem Al-Sharifi (Applicant) Sutherland Shire Council (Respondent)
Representation:	Solicitors: V Conomos, Conomos Legal (Applicant) J Amy, Sutherland Shire Council (Respondent)
File Number(s):	2018/91643
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 s34(3) of the Land and Environment Court Act 1979 are:

1. The applicant is granted leave to rely upon the amended plans referred to in condition 1 in the approved conditions at Annexure “A”.

2. 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 sum of $3,000 within 28 days.

3. Development Application DA18/0112 for demolition of existing structures, re-alignment of existing stormwater easement and construction of a two storey dual occupancy development and the 2 Lot Torrens Tittles subdivision at 130 Kareena Road, Miranda is approved subject to the conditions of consent at Annexure “A”.

4. The appeal is upheld.   

……………………….

Commissioner Bish

Annexure A (376 KB, pdf)

Annexure B (4.01 MB, pdf)