Aoun v Canterbury-Bankstown Council

[2018] NSWLEC 1070

Land and Environment Court

New South Wales

Medium Neutral Citation:	Aoun v Canterbury-Bankstown Council [2018] NSWLEC 1070
Hearing dates:	Conciliation conference on 15 November, 7 and 19 December 2017, 24 January, 1 and 9 February 2018
Date of orders:	15 February 2018
Decision date:	15 February 2018
Jurisdiction:	Class 1
Before:	Gray C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION – six storey mixed use development - conciliation conference - agreement between the parties - orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Anis Aoun (First Applicant) Diane Aoun (Second Applicant) City of Canterbury-Bankstown Council (Respondent)
Representation:	Solicitor: Dennis Loether, Bartier Perry (Applicant) Peter Jackson, Pikes & Verekers Lawyers (Respondent)
File Number(s):	2017/207086
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 amend Development Application No. DA-505/2016 and to rely upon the following amended plans and documents:

Plan Reference.	Prepared by	Date
S34-000 – Cover Sheet (Revision 03)	Bureau SRH Architecture	15 December 2017
S34-104 – Site + Roof Plan (Revision 03)	Bureau SRH Architecture	19 December 2017
S34-105 – Basement Floor (Revision 03)	Bureau SRH Architecture	19 December 2017
S34-106 – Ground Floor (Revision 03)	Bureau SRH Architecture	19 December 2017
S34-107 – First Floor Plan (Revision 05)	Bureau SRH Architecture	18 January 2018
S34-108 – Second Floor Plan (Revision 05)	Bureau SRH Architecture	18 January 2018
S34-109 – Third Floor Plan (Revision 05)	Bureau SRH Architecture	18 January 2018
S34-110 – Fourth Floor Plan (Revision 05)	Bureau SRH Architecture	18 January 2018
S34-111 – Terrace Plan (Revision 05)	Bureau SRH Architecture	18 January 2018
S34-120 – Shadow Diagrams June 21st 9am (Revision 04)	Bureau SRH Architecture	18 January 2018
S34-121 – Shadow Diagrams June 21st 12pm (Revision 04)	Bureau SRH Architecture	18 January 2018
S34-122 – Shadow Diagrams June 21st 3pm (Revision 04)	Bureau SRH Architecture	18 January 2018
S34-150 – ADG Solar Calculations (Revision 04)	Bureau SRH Architecture	19 December 2017
S34-151 – ADG Solar Calculations (Revision 03)	Bureau SRH Architecture	19 December 2017
S34-152 – ADG Cross Ventilation (Revision 03)	Bureau SRH Architecture	19 December 2017
S34-153 – ADG Solar Calculations 9am (Revision 02)	Bureau SRH Architecture	19 December 2017
S34-154 – ADG Solar Calculations 10am (Revision 02)	Bureau SRH Architecture	19 December 2017
S34-155 – ADG Solar Calculations 11am (Revision 02)	Bureau SRH Architecture	19 December 2017
S34-156 – ADG Solar Calculations 12pm (Revision 02)	Bureau SRH Architecture	19 December 2017
S34-157 – ADG Solar Calculations 1pm (Revision 02)	Bureau SRH Architecture	19 December 2017
S34-158 – ADG Solar Calculations 2pm (Revision 02)	Bureau SRH Architecture	19 December 2017
S34-159 – ADG Solar Calculations 3pm (Revision 02)	Bureau SRH Architecture	19 December 2017
S34-200 – E + S Elevations (Revision 03)	Bureau SRH Architecture	18 January 2018
S34-201 – N + W Elevations (Revision 04)	Bureau SRH Architecture	18 January 2018
S34-300 – Sections (Revision 04)	Bureau SRH Architecture	24 January 2018
S34-301 – Sections (Revision 04)	Bureau SRH Architecture	19 December 2017
S34-302 – Sections (Revision 01)	Bureau SRH Architecture	6 February 2018
17083 – Materials Board (Revision 01)	Bureau SRH Architecture	30 October 2017
L01/2-K21317 – Landscape Planting Plan 1/2 (Revision C)	Michael Siu Landscape Architects	27 November 2017
L02/2-K21317 – Landscape Planting Plan 2/2 (Revision C)	Michael Siu Landscape Architects	27 November 2017
1749-S1/7 – Stormwater Drainage / Sediment Control Details (Revision D)	John Romanous & Associates Pty Ltd	20 October 2017
1749-S2/7 – Stormwater Drainage / Sediment Control Details (Revision D)	John Romanous & Associates Pty Ltd	20 October 2017
1749-S3/7 – Stormwater Drainage / Sediment Control Details (Revision D)	John Romanous & Associates Pty Ltd	20 October 2017
1749-S4/7 – Stormwater Drainage / Sediment Control Details (Revision D)	John Romanous & Associates Pty Ltd	20 October 2017
1749-S5/7 – Stormwater Drainage / Sediment Control Details (Revision D)	John Romanous & Associates Pty Ltd	20 October 2017
1749-S6/7 – Stormwater Drainage / Sediment Control Details (Revision D)	John Romanous & Associates Pty Ltd	20 October 2017
1749-S7/7 – Stormwater Drainage / Sediment Control Details (Revision D)	John Romanous & Associates Pty Ltd	20 October 2017
Document	Prepared by	Date
BASIX Certificate No. 765902M_02	Greenworld Architectural Drafting	14 December 2017

2. The Applicant is to pay the Respondent’s costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979, as agreed or assessed.

3. The appeal is upheld.

4. Development Application No. DA-505/2016 (as amended) for the demolition of existing structures (warehouses), consolidation of two lots and construction of a five-storey mixed use development comprising basement parking, six commercial tenancies, 41 residential units and a roof-top terrace on Lots B and C in Deposited Plan 319764, otherwise known as 45-47 Drummond Street, Belmore, is approved subject to the conditions contained at Annexure “A”.

……………………….

Joanne Gray

Commissioner of the Court

Annexure A (130 KB, pdf)

s34J Plans (10.5 MB, pdf)

Decision last updated: 20 February 2018