Joshua Louie Sleiman v Blacktown City Council

[2017] NSWLEC 1140

Land and Environment Court

New South Wales

Medium Neutral Citation:	Joshua Louie Sleiman v Blacktown City Council [2017] NSWLEC 1140
Hearing dates:	Conciliation 22 March 2017
Date of orders:	23 March 2017
Decision date:	23 March 2017
Jurisdiction:	Class 1
Before:	Chilcott 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:	Joshua Louie Sleiman (Applicant) Blacktown City Council (Respondent)
Representation:	P Tohme, Greenaway & Tohme Solicitors (Applicant) D Loether, Bartier Perry (Respondent)
File Number(s):	2016/371750
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. The Applicant is granted leave to amend Development Application No. 16-03947 and to rely upon the following amended plans prepared by C. Petro Design and Drafting Services originally dated 12 June 2016:

1. Site Plan, Sheet 2 of 5 (Appendix D, Joint Town Planning and Building Surveyors Report filed 17 March 2017 in these proceedings);

2. Existing Residential and Granny Flat Floor Plan, Sheet 3 of 5 (Appendix E, Joint Town Planning and Building Surveyors Report filed 17 March 2017 in these proceedings); and

3. Granny Flat Elevations and Section, Sheet 4 of 5 (Appendix E, Joint Town Planning and Building Surveyors Report filed 17 March 2017 in these proceedings).

3. The Applicant is to pay the Respondent’s costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979, as agreed or assessed.

4. Development Application No. 16-03947 (as amended) for the use of a dual occupancy (granny flat) on Lot 11 in DP 2042 known as 63 Emily Street, Mount Druitt, is approved subject to the conditions contained at Annexure “A”.

…………….

Michael Chilcott

Commissioner

371750.16 Annexure A (C) (59.0 KB, pdf)