Farzad Ebrahimzadeh v Lane Cove Municipal Council

[2017] NSWLEC 1350

Land and Environment Court

New South Wales

Medium Neutral Citation:	Farzad Ebrahimzadeh v Lane Cove Municipal Council [2017] NSWLEC 1350
Hearing dates:	Conciliation conference on 26 and 27 June 2017
Date of orders:	04 July 2017
Decision date:	04 July 2017
Jurisdiction:	Class 1
Before:	Smithson 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:	Farzad Ebrahimzadeh (Applicant) Lane Cove Municipal Council (Respondent)
Representation:	Counsel: Ms J Reid (Applicant) Dr J Smith (Respondent) Solicitors: Mr G Hartley, Hartley Solicitors (Applicant) Ms J Corrandini-Bird, Marsdens Law Group (Respondent)
File Number(s):	2017/54637
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 appeal is upheld.

2. Development consent is granted to Development Application No. DA 150/2016 for the demolition of existing structures, removal of one tree and construction of an attached dual occupancy at 59 Osborne Road, Lane Cove, subject to the conditions of consent annexed hereto and marked “A”.

………………………………

Commissioner Jenny Smithson

54637.17 Smithson (C) (266 KB, pdf)