Gebrayel Developments Pty Ltd v Inner West Council
[2017] NSWLEC 1382
•19 July 2017
Land and Environment Court
New South Wales
Medium Neutral Citation: Gebrayel Developments Pty Ltd v Inner West Council [2017] NSWLEC 1382 Hearing dates: Conciliation conference on 17 July 2017 Date of orders: 19 July 2017 Decision date: 19 July 2017 Jurisdiction: Class 1 Before: Dixon 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: Gebrayel Developments Pty Ltd & Alexander Catania (Applicant)
Inner West Council (Respondent)Representation: Solicitor:
Mr V Conomos, Conomos Legal (Applicant)
Mr J Strati, Inner West Council (Respondent)
File Number(s): 2017/82842 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 make, 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 Applicant is given leave to amend the development application and rely upon the following plans in the proceedings:
Plan, Revision and Issue No.
Plan Name
Date Issued
Prepared by
DA010, rev 3
Site Plan and Analysis
23/5/17
BKA Architecture
DA012, rev 3
Basement 2
23/5/17
BKA Architecture
DA012, rev 3
Basement 1
23/5/17
BKA Architecture
DA100, rev 3
Ground Floor Plan
23/5/17
BKA Architecture
DA101, rev 3
Level 1
23/5/17
BKA Architecture
DA102, rev 3
Level 2
23/5/17
BKA Architecture
DA103, rev 3
Level 3
23/5/17
BKA Architecture
DA104, rev 3
Level 4
23/5/17
BKA Architecture
DA105, rev 3
Level 5
23/5/17
BKA Architecture
DA106, rev 3
Level 6
23/5/17
BKA Architecture
DA107, rev 3
Level 6 Upper
23/5/17
BKA Architecture
DA108, rev 3
Roof plan
23/5/17
BKA Architecture
DA200, rev 3
East elevation
23/5/17
BKA Architecture
DA201, rev 3
South elevation
23/5/17
BKA Architecture
DA202, rev 3
West elevation
23/5/17
BKA Architecture
DA203, rev 3
North elevation
23/5/17
BKA Architecture
DA300, rev 3
Section A
23/5/17
BKA Architecture
DA900, rev 3
Finishes schedule
23/5/17
BKA Architecture
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 or assessed.
The appeal is upheld.
Development application DA201700013 lodged 13 January 2017 seeking approval for the demolition of existing warehouse and commercial shops. Consolidation of eight (8) lots into one site and the construction of a part four (4) storey, part seven (7) and part eight (8) storey mixed use development comprising five (5) ground floor retail tenancies, 6 serviced apartments, 56 residential apartments, basement car park, associated landscaping and subdivision is approved subject to the conditions in Annexure A.
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Commissioner Dixon
82842.17 Dixon (C) (371 KB, pdf)
Decision last updated: 19 July 2017
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