Challa v Strathfield Council

[2016] NSWLEC 1321

Land and Environment Court

New South Wales

Medium Neutral Citation:	Challa v Strathfield Council [2016] NSWLEC 1321
Hearing dates:	Conciliation conference on 28 June 2016
Date of orders:	08 August 2016
Decision date:	08 August 2016
Jurisdiction:	Class 1
Before:	Fakes C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION; Residential Flat Building; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Praveen and Jaya Challa (Applicants) Strathfield Council (Respondent)
Representation:	Applicants: Ms J Wauchope (Solicitor) Respondent: Mr T O’Connor (Solicitor)   Solicitors: Applicants: Gadens Respondent: Houston Dearn O’Connor
File Number(s):	162047 of 2016
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, 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 2015/114 and to rely upon the amended plans listed in condition 1 of Annexure “A”.

2. The Applicant is to pay the Respondent’s costs thrown away pursuant to s 97B of the Environmental Planning and Assessment Act 1979, as agreed in the sum of $2,000.

3. The appeal is upheld.

4. Consent for DA 2015/114 for demolition of the exiting dwellings at 6-8 Mintaro Avenue, Strathfield and construction of a new 3 storey residential flat building with single level of basement parking is granted, in accordance with the conditions of consent annexed hereto and marked “A”.

______________________

Judy Fakes

Commissioner of the Court

162047.16 Annexure A Conditions (420 KB, pdf)