El Badar v Canterbury Bankstown Council

[2016] NSWLEC 1252

Land and Environment Court

New South Wales

Medium Neutral Citation:	El Badar v Canterbury Bankstown Council [2016] NSWLEC 1252
Hearing dates:	Conciliation conference on 4 and 27 November 2015, 3 February, 15 April and 26 May 2016
Date of orders:	17 June 2016
Decision date:	17 June 2016
Jurisdiction:	Class 1
Before:	Morris 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:	Talal El Badar (Applicant) Canterbury Bankstown Council(Respondent)
Representation:	Solicitors: Mr V Conomos Conomos Legal (Applicant) Mr A Knox Pikes & Verekers Lawyers (Respondent)
File Number(s):	153894/2016
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 DA 107/2015 in accordance with the plans and documentation set out in condition 6 of the conditions annexed at “A” to this agreement.

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

3. The appeal is upheld.

4. Development Application DA 107/2015 for the demolition of existing structures and construction of a multi-dwelling housing development containing five (5) dwellings with basement car parking at Lot 83 in DP 7262 being 23 Willeroo Street, Lakemba is approved subject to the conditions annexed to this agreement at “A”.

…………….

Sue Morris

Commissioner

153894.2016 Morris (C Annexure A) (184 KB, pdf)

153894.16 Morris_Architectural plans (8.44 MB, pdf)