Farag v Canterbury-Bankstown Council

[2016] NSWLEC 1244

Land and Environment Court

New South Wales

Medium Neutral Citation:	Farag v Canterbury-Bankstown Council [2016] NSWLEC 1244
Hearing dates:	Conciliation conference on 7 April 2016
Date of orders:	15 June 2016
Decision date:	15 June 2016
Jurisdiction:	Class 1
Before:	Fakes C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION; Mixed-use development; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Hend Farag (Applicant) Canterbury-Bankstown Council (Respondent)
Representation:	Applicant: Mr V Conomos (Solicitor) Respondent: Mr C Drury (Respondent)   Solicitors: Applicant: Conomos Legal Respondent: Sparke Helmore Lawyers
File Number(s):	152431 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 given leave to amend the development application and rely upon the following plans in the proceedings:

1. Drawing DA1050 Issue C dated 23/5/2016

2. Drawing DA1051 Issue C dated 23/5/2016

3. Drawing DA1052 Issue C dated 23/5/2016

4. Drawing 2414CD dated 25/02/2015

5. Drawing DA1150 Issue C dated 23/5/2016

6. Drawing DA1200 Issue B dated 14/4/2016

7. Drawing DA1201 Issue B dated 14/4/2016

8. Drawing DA1202 Issue B dated 14/4/2016

9. Drawing DA1203 Issue B dated 14/4/2016

10. Drawing DA1204 Issue B dated 14/4/2016

11. Drawing DA1206 Issue C dated 23/5/2016

12. Drawing DA1500 Issue C dated 23/5/2016

13. Drawing DA1501 Issue C dated 23/5/2016

14. Drawing DA1701 Issue C dated 23/5/2016

2. The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979 as agreed in the amount of $10,000 payable within 28 days of the date of these orders.

3. The appeal is upheld.

4. The amended development application APPR/1275/2015 seeking approval for the demolition of existing structures and construction of a 3 storey mixed use development comprising 20 residential units and 1 commercial unit with 2 levels of basement car-parking is approved subject to the conditions in Annexure ‘A’.

______________________________

Judy Fakes

Commissioner of the Court

152431.16 Annexure A - conditions (273 KB, pdf)