Alameddine v Canterbury-Bankstown Council

[2018] NSWLEC 1218

Land and Environment Court

New South Wales

Medium Neutral Citation:	Alameddine v Canterbury-Bankstown Council [2018] NSWLEC 1218
Hearing dates:	Conciliation conference on 30 April 2018
Date of orders:	07 May 2018
Decision date:	07 May 2018
Jurisdiction:	Class 1
Before:	Walsh 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:	Hamada Alameddine (Applicant) Canterbury-Bankstown Council (Respondent)
Representation:	Solicitors: H Alameddine, Birchgrove Legal (Applicant) P Jackson, Pikes Lawyers (Respondent)
File Number(s):	2017/343191
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. Leave is granted to the applicant to amend the development application by relying on the following amended plans:

1. Architectural plans prepared by Ghazi Al Ali Architect Pty Ltd (project number 52.16) dated 2 May 2018 (issue D):

1. Basement 01 Plan (DA-A1201)

2. Ground Floor Plan (DA-A1202)

3. Level 01 Plan (DA-A1203)

4. Level 02 Plan (DA-A1204)

5. Level 03 Plan (DA-A1205)

6. Roof Plan (DA-A1206)

7. Elevations (DA-A1301)

8. Elevations (DA-A1302)

9. Sections (DA-A1401)

10. Material Schedule (DA-A2201)

11. Material Schedule (DA-A2202).

2. Landscape plans prepared by Conzept Landscape Architects dated 3 May 2018 (issue D):

1. Landscape Plan (LPS34 17 – 209 / 1)

2. Hardscape Plan (LPS34 17 – 209 / 2)

3. Details (LPS34 17 – 209 / 3)

4. Specification (LPS34 17 – 209 / 4)

3. Stormwater Concept Design prepared by SGC Consulting Engineers (project number 20160381) dated 3 May 2018 (revision B):

1. Basement Plan (SW200)

2. Ground Floor Plan (SW201)

3. Roof Plan (SW202)

4. Details sheets x 2 (SW300)

5. Erosion and Sediment Control – Plan and Details (SW400)

2. Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the costs of the respondent that are thrown away as a result of amending the development application, as agreed or assessed on the ordinary basis.

3. The appeal is upheld.

4. Development Application DA-78/2017 originally made to the respondent on 8 March 2017 (as amended above) is determined by the granting of consent subject to the conditions set out in Annexure “A” hereto.

……………………….

Peter Walsh

Commissioner of the Court

Annexure A (135 KB, pdf)

Architectural Plans (4.45 MB, pdf)

Landscape Plans (3.51 MB, pdf)