Fatouleh v Georges River Council
[2016] NSWLEC 1583
•02 December 2016
Land and Environment Court
New South Wales
Medium Neutral Citation: Fatouleh v Georges River Council [2016] NSWLEC 1583 Hearing dates: Conciliation conference on 14 October, 14 & 25 November 2016 Date of orders: 02 December 2016 Decision date: 02 December 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: Jack Fatouleh (Applicant)
Georges River Council (Respondent)Representation: Counsel:
Solicitors:
Mr J Doyle (Applicant)
Sydney Law Practice Pty Limited (Applicant)
Ms A Berry
Lindsay Taylor Lawyers (Respondent)
File Number(s): 221690/2016 Publication restriction: No
Judgment
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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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
The appeal is upheld.
The Applicant is granted leave to amend development application DA2015/0031, to rely upon the following amended plans:
Reference No.
Date
Description
Revision
Prepared by
5841-16-00
10.11.16
Cover Sheet
C
Lyle Marshall & Partners
5841-16-01
03.11.16
Survey Plan
B
Lyle Marshall & Partners
5841-16-02
03.11.16
Site Control Plan
B
Lyle Marshall & Partners
5841-16-03
10.11.16
Basement Floor Plan/Roof Plan
C
Lyle Marshall & Partners
5841-16-04
10.11.16
Ground Floor Plan
C
Lyle Marshall & Partners
5841-16-05
03.11.16
First Floor Plan
B
Lyle Marshall & Partners
5841-16-06
10.11.16
Second Floor Plan
C
Lyle Marshall & Partners
5841-16-07
03.11.16
Third Floor Plan/Roof Plan
B
Lyle Marshall & Partners
5841-16-08
03.11.16
Roof Plan/Site Plan
B
Lyle Marshall & Partners
5841-16-09
10.11.16
Sections
C
Lyle Marshall & Partners
5841-16-10
03.11.16
Elevations Sheet 1
B
Lyle Marshall & Partners
5841-16-11
03.11.16
Elevations Sheet 2
B
Lyle Marshall & Partners
5841-16-12
03.11.16
Shadow Diagrams
B
Lyle Marshall & Partners
5841-16-13
03.11.16
Shadow Diagrams
B
Lyle Marshall & Partners
5841-16-14
03.11.16
Shadow Diagrams
B
Lyle Marshall & Partners
5841-16-15
03.11.16
Shadow Diagrams
B
Lyle Marshall & Partners
5841-16-16
03.11.16
Shadow Diagrams
B
Lyle Marshall & Partners
5841-16-17
03.11.16
Shadow Diagrams
B
Lyle Marshall & Partners
5841-16-18
03.11.16
Shadow Diagrams
B
Lyle Marshall & Partners
5841-16-19
03.11.16
Shadow Diagrams
B
Lyle Marshall & Partners
5841-16-20
03.11.16
Site Photographs
B
Lyle Marshall & Partners
5841-16-21
10.11.16
Section C-C
B
Lyle Marshall & Partners
16-3361 LO1
23.11.16
Landscape plan
Zenith Landscape Designers
16-3361 LO2
23.11.16
Landscape plan
Zenith Landscape Designers
16-3361 LO3
23.11.16
Landscape plan
Zenith Landscape Designers
604344M_03
21.11.16
BASIX Certificate
Zoran Cvetkovski
The Applicant is to pay the Respondent’s costs under s.97B of the Environmental Planning and Assessment Act 1979, as agreed in the sum of $9,500 within 7 days.
Development consent is granted for development application DA2015.0031 for the construction of a three (3) storey residential flat building containing fourteen (14) units (3 x 1 bedroom apartments, 10 x 2 bedroom apartments and 1 x bedroom + study) at 1-3 Peake Parade Peakhurst in NSW, subject to the conditions attached in Annexure “A”.
…………….
Sue Morris
Commissioner
221690.16 Morris (C) (444 KB, pdf)
221690.16 Morris - FATOULEH COLOUR PLANS PT 1 (7.07 MB, pdf)
221690.16 Morris - FATOULEH COLOUR PLANS PT 2 (3.60 MB, pdf)
Decision last updated: 07 December 2016
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