Karavelas v Georges River Council

[2017] NSWLEC 1414

Land and Environment Court

New South Wales

Medium Neutral Citation:	Karavelas v Georges River Council [2017] NSWLEC 1414
Hearing dates:	Conciliation conference on 3 August 2017
Date of orders:	07 August 2017
Decision date:	07 August 2017
Jurisdiction:	Class 1
Before:	Gray C
Decision:	See (4) below
Catchwords:	MODIFICATION APPLICATION - conciliation conference - agreement between the parties - orders
Legislation Cited:	Land and Environment Court Act 1979
Cases Cited:	Nil
Texts Cited:	Nil
Category:	Principal judgment
Parties:	William Karavelas (Applicant) Georges River Council (Respondent)
Representation:	Counsel: J Reid (Applicant)   Solicitor: C McJannett, Mills Oakley (Applicant) A Berry, Georges River Council (Respondent)
File Number(s):	2017/98274
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 Applicant is granted leave to rely on the amended plans and documents as referred to in the conditions of consent contained in Annexure “A” and included at Annexure “B”.

2. The appeal is upheld.

3. Consent is granted to application no. 9/2016/78/2 for the modification of a development application no 9/2016/78/1 to amend condition 4, relating to Section 94 contributions, and delete conditions 13, 14 and 15 relating to design amendments at 19-23 Bembridge Street, Carlton NSW 2218.

4. Development consent 78/2016 is now subject to the consolidated conditions of consent at Annexure “A”.

……………………….

Commissioner Gray

98274.17 Gray (C) (382 KB, pdf)

98274.17 Gray - Annexure B Architectural Plans (1.50 MB, pdf)