Koukoutas v Canterbury Bankstown Council

[2016] NSWLEC 1633

Land and Environment Court

New South Wales

Medium Neutral Citation:	Koukoutas v Canterbury Bankstown Council [2016] NSWLEC 1633
Hearing dates:	Conciliation conference on 26 October, 25 November, 2 and 22 December 2016
Date of orders:	23 December 2016
Decision date:	23 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:	Andrew Koukoutas (Applicant) Canterbury Bankstown Council(Respondent)
Representation:	Counsel: Mr P Clay SC with Ms J Reid (Applicant)   Solicitors: John B Hajje & Associates(Applicant) Mr A Seton Marsdens Law Group (Respondent)
File Number(s):	181966/2016
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, 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 given leave to amend the development application by substituting the following plans and documentation as the plans and documentation relied upon for the purpose of the development application:

Drawing No.	Drawing Name	Rev No.	Prepared By:	Dated
DA01	Cover sheet	F	Morson Group	20 December 2016
DA04	Site plan and roof plan	D	Morson Group	4 December 2016
DA05	Site analysis and demolition plan	D	Morson Group	4 December 2016
DA06	Basement floor plan	E	Morson Group	4 December 2016
DA07	Ground floor plan	G	Morson Group	20 December 2016
DA08	Level 1 floor plan	F	Morson Group	4 December 2016
DA09	Level 2 floor plan	G	Morson Group	20 December 2016
DA10	Roof plan	E	Morson Group	4 December 2016
DA11	Elevations 1	E	Morson Group	4 December 2016
DA12	Elevations 2	F	Morson Group	20 December 2016
DA13	Sections	F	Morson Group	20 December 2016
DA14	Existing Shadow Diagram – June 21st	B	Morson Group	4 December 2016
DA15	Proposed Shadow Diagrams – June 21st	E	Morson Group	4 December 2016
DA16	Visualization 1	D	Morson Group	4 December 2016
DA17	Visualization 2	C	Morson Group	4 December 2016
DA18	Compliance schedule and BASIX requirements	D	Morson Group	4 December 2016
DA19	SEPP Compliance Summary	D	Morson Group	4 December 2016
DA20	Shadow 3D Analysis – Proposed	D	Morson Group	4 December 2016
DA22	DCP/ADG Compliant Envelope Study	C	Morson Group	15 December 2016
DA23	Solar Access – Diagrams	E	Morson Group	4 December 2016
DA24	Fence condition at rear boundary	B	Morson Group	4 December 2016
DA25	Long section and Bdyinterface at 63/65 Park St	A	Morson Group	4 December 2016
DA26	Northern external façade view study	B	Morson Group	20 December 2016
DA27	Deep soil analysis plan	B	Morson Group	20 December 2016
DA28	Fence Detail to Northern Boundary	A	Morson Group	20 December 2016
Nos. 1-25	Solar Study 83 Duke Street – Compliant Envelope	A	Morson Group	4 December 2016
LPDA 16-78/1	Landscape Plan	G	Conzept Landscape Architects	5 December 2016

Document Title	Prepared by	Dated
Basix Certificate No. 672027M

2. 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.

3. The appeal is upheld.

4. Development consent is granted to Development Application No. 568/2015 for the Demolition of existing structures and construction of a 3 storey residential flat building containing 8 units over on level of basement parking accommodating 10 car parking spaces at 81 Duke Street, Campsie subject to the conditions of consent annexed hereto and marked “A”.

…………….

Sue Morris

Commissioner

181966.2016 (C Annexure A) (230 KB, pdf)

181966.2016Architectural Drawings (5.59 MB, pdf)