Emile Nader v Council of the City of Ryde

[2017] NSWLEC 1619

Land and Environment Court

New South Wales

Medium Neutral Citation:	Emile Nader v Council of the City of Ryde [2017] NSWLEC 1619
Hearing dates:	Conciliation conference on 30 October 2017
Date of orders:	03 November 2017
Decision date:	03 November 2017
Jurisdiction:	Class 1
Before:	Smithson C
Decision:	See (4) below
Catchwords:	MODIFICATION APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Emile Nader (Applicant) Council of the City of Ryde (Respondent)
Representation:	Counsel: Mr I Hemmings, SC (Applicant) Solicitors: Mr P Sabb, Macquarie Lawyers (Applicant) Mr B Stephen, City of Ryde Council (Respondent)
File Number(s):	2017/187220
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 given leave to amend the development application by substituting the following plans and documentation as the plans and documentation relied upon for the purpose of the development application:

Drawing No.	Prepared By	Dated
1552-08CC1 – Sheet 1 of 3 – Issue L	Douglas Design	4 October 2017
1552-08CC1 – Sheet 2 of 3 – Issue L	Douglas Design	4 October 2017
1552-08CC1 – Sheet 3 of 3 – Issue L	Douglas Design	4 October 2017
1552-08CCK – Issue K	Douglas Design	26 September 2017

2. The appeal is upheld.

3. Development consent is granted to the s96 Application to modify the Development Consent No. DA2015/0217 for the alterations to a new 2 storey dwelling to allow a roof terrace and ancillary floor space and internal alterations, on the land described in folio identifiers Lots 8-9 DP 27511, with a street address of 12 Emu Street, West Ryde, subject to the conditions of consent annexed hereto and marked “A”.

……………………….

Commissioner J Smithson

Annexure A (C) (126 KB, pdf)