George Khouri trading as GM Architects v Wollongong City Council

[2018] NSWLEC 1042

Land and Environment Court

New South Wales

Medium Neutral Citation:	George Khouri trading as GM Architects v Wollongong City Council [2018] NSWLEC 1042
Hearing dates:	Conciliation conference on 6 February 2018
Date of orders:	06 February 2018
Decision date:	06 February 2018
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:	George Khouri T/A GM Architects (Applicant) Wollongong City Council (Respondent)
Representation:	Counsel: Mr M Sahade, barrister (Applicant) Mr J Reilly, Wollongong City Council (Respondent)
File Number(s):	2017/129422
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. DA-2016/1361 for the demolition of two existing dwellings and ancillary structures and the construction of a ‘shop top housing’ development comprising an eight storey building at Lot 1 DP 913400, Lot 730 DP 1141182 and Lot 302 DP 1084476, otherwise known as 17-19 Loftus Street Wollongong is determined by the grant of consent, subject to the conditions at Annexure “A”; and

3. Pursuant to section 97B of the Environmental Planning & Assessment Act 1979, the Applicant is to pay the Council’s costs thrown away as a result of the amended application, being the plans and information supplied to Council after 27 October 2017, as agreed or assessed.

……………………….

Commissioner Smithson

Annexure A (364 KB, pdf)

Plans (14.9 MB, pdf)

Plans_REVISED LANDSCAPE PLAN E (5.55 MB, pdf)