Bechara v Strathfield Municipal Council
[2018] NSWLEC 1380
•25 July 2018
Land and Environment Court
New South Wales
Medium Neutral Citation: Bechara v Strathfield Municipal Council [2018] NSWLEC 1380 Hearing dates: Conciliation conference on 24 July 2018 Date of orders: 25 July 2018 Decision date: 25 July 2018 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: Gihad Bechara (Applicant)
Strathfield Municipal Council (Respondent)Representation: Solicitors:
V Conomos, Conomos Legal (Applicant)
A Bilias, Bilias and Associates (Respondent)
File Number(s): 2018/51171 Publication restriction: Nil
Judgment
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COMMISSIONER: This is an appeal by Gihad Bechara against a deemed refusal by Strathfield Municipal Council of s96 Modification Application 2016/192/1. The application seeks to modify consent DA/2016/192 which applies to 59 Newton Road, and 4A Wilson Road, Strathfield NSW 2135 by alterations to the approved setbacks and materials.
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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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
The Applicant is granted leave to rely upon the amended development application.
No order as to costs.
The appeal is upheld in part.
Pursuant to section 96 of the Environmental Planning and Assessment Act 1979, development application 2016/192/1, to demolition of existing structures and construction of a new two (2) storey dwelling with basement car parking, inground swimming pool and front fence, is modified in accordance with Conditions set out in Annexure ‘A’ to this agreement.
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D M Dickson
Commissioner of the Court
Annexure A (C)
Annexure B
Decision last updated: 25 July 2018
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