Anthony Oddo v Canterbury - Bankstown Council

[2017] NSWLEC 1082

Land and Environment Court

New South Wales

Medium Neutral Citation:	Anthony Oddo v Canterbury – Bankstown Council [2017] NSWLEC 1082
Hearing dates:	Conciliation conference on 13 February 2017
Date of orders:	22 February 2017
Decision date:	22 February 2017
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Anthony Oddo (Applicant) Joanne Oddo (Applicant) Canterbury – Bankstown Council (Respondent)
Representation:	P Vergotis, McCabes Lawyers (Applicant) A Seton, Marsdens Law Group (Respondent)
File Number(s):	2016/290497
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal, under s97(1) of the Environmental Planning and Assessment Act 1979, against the refusal of Development Application No. DA 95/2016 for the demolition of structures on site, construction of a new two storey dwelling and a single storey secondary dwelling at 113 Lincoln Street Bellfield.

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 given leave to amend the development application by substituting the following plans as the plans relied upon for the purpose of the development application:

Plan No.	Description	Prepared by	Revision	Dated:
1651-01	Ground Floor Plan/Site Plan First Floor Plan	McAD Design	Rev C	2 February 2017
1651-02	Elevations Section AA	McAD Design	Rev C	2 February 2017
1651-03	Soil and Water Mgmt Plan Demolition Plan	McAD Design	Rev C	2 February 2017
1651-04	Landscape Calculations	McAD Design	Rev C	2 February 2017
1651-05	Streetscape Elevation Roof Plan Site Analysis Plan	McAD Design	Rev C	2 February 2017
1651-06	Shadow Diagrams	McAD Design	Rev A	2 February 2017
L01/1 -K20717	Landscape Planting Plan	Michael Siu Landscape	Rev B	31 January 2017

2. The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979 in amount as agreed or as assessed.

3. The appeal is upheld.

4. Development consent is granted to Development Application No. DA 95/2016 for the demolition of existing structures on the land at 113 Lincoln Street, Belfield and construction of a two-storey dwelling house subject to the conditions of consent annexed hereto and marked “A”.

…………….

D M Dickson

Commissioner of the Court

290497.16 Annexure A (C) (36.7 KB, pdf) 

290497.16 Plans (7.04 MB, pdf)