Alkayal v Council of the City of Ryde

[2018] NSWLEC 1395

Land and Environment Court

New South Wales

Medium Neutral Citation:	Alkayal v Council of the City of Ryde [2018] NSWLEC 1395
Hearing dates:	Conciliation conference on 30 July 2018
Date of orders:	01 August 2018
Decision date:	01 August 2018
Jurisdiction:	Class 1
Before:	Dickson 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:	Mamoun Alkayal (Applicant) Council of the City of Ryde (Respondent)
Representation:	Solicitors: S Shneider, Houston Dearn O’Connor (Applicant) B Stephen, City of Ryde Council(Respondent)
File Number(s):	2017/272188
Publication restriction:	Nil

Judgment

1. COMMISSIONER: This is an appeal by Mamoun Alkayal against the deemed refusal by the Council of the City of Ryde of Development Application LDA2017/0052 in respect of proposed development at 21 Morrison Road, Gladesville for the demolition of existing structures and construction of a three storey residential flat building consisting of six residential units (1 x 1 bedroom, 3 x 2 bedroom, 2 x 3 bedroom) (unit 1 to be an adaptable unit providing access for people with disabilities) and basement car parking for 8 cars inclusive of an accessible car parking space and a visitor parking space.

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 Appeal is upheld.

2. Development Application Number LDA/2017/0052 for the demolition of existing structures and the construction of a residential flat building consisting of six residential apartments spread over four floors (Ground Floor, First Floor, Second floor and Attic Floor), with a basement level comprising car parking for seven cars and common open space at the ground level and on the roof, is approved subject to the conditions set out in Annexure ‘A’ to this agreement.

3. The applicant is to pay the respondent’s costs thrown away pursuant to s8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed.

……………………….

D M Dickson

Commissioner of the Court

Annexure A (C)

Annexure B

Decision last updated: 03 August 2018