Lam v Strathfield Council

[2016] NSWLEC 1509

Land and Environment Court

New South Wales

Medium Neutral Citation:	Lam v Strathfield Council [2016] NSWLEC 1509
Hearing dates:	Conciliation conference on 2, 19, 23 September, 5, 18 October 2016
Date of orders:	01 November 2016
Decision date:	01 November 2016
Jurisdiction:	Class 1
Before:	Smithson C
Decision:	See (4) below
Catchwords:	MODIFICATION APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Benjamin Lam (Applicant) Strathfield Council (Respondent)
Representation:	Solicitors: V. Conomos, Conomos Legal (Applicant) A. Seton, Marsdens Law Group (Respondent)
File Number(s):	2016/00168682
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 Title	Drawing No.	Revision	Prepared by	Dated
GFA Calculations	A1050	J	Ghazi Al Ali Architects	23/9/2016
Infill Affordable Housing	A1052	J	Ghazi Al Ali Architects	23/9/2016
Survey Plan	A1100	J	Ghazi Al Ali Architects	23/9/2016
Basement 01	A1200	J	Ghazi Al Ali Architects	23/9/2016
Ground Floor Plan	A1201	J	Ghazi Al Ali Architects	23/9/2016
Level 01	A1202	J	Ghazi Al Ali Architects	23/9/2016
Level 02	A1203	J	Ghazi Al Ali Architects	23/9/2016
Level 03	A1204	J	Ghazi Al Ali Architects	23/9/2016
Roof Plan	A1205	J	Ghazi Al Ali Architects	23/9/2016
Shadow Diagram 9.00am	A1300	J	Ghazi Al Ali Architects	23/9/2016
Shadow Diagram 12.00pm	A1301	J	Ghazi Al Ali Architects	23/9/2016
Shadow Diagram 3.00pm	A1302	J	Ghazi Al Ali Architects	23/9/2016
Shadow Diagram 3D	A1303	J	Ghazi Al Ali Architects	23/9/2016
Elevations Plan	A1500	J	Ghazi Al Ali Architects	23/9/2016
Sections Plan	A1700	J	Ghazi Al Ali Architects	23/9/2016
Communal Open Space Calculation	A3000	J	Ghazi Al Ali Architects	23/9/2016

Document Title	Dated
BASIX Certificate No. 508062M_04	19 October 2016

2. The appeal is upheld.

3. The application made pursuant to section 96(2) of the Environmental Planning and Assessment Act 1979 (modification application DA2013/198/02) to modify Development Consent No. DA2013/198 (as modified), for a four storey residential flat building on the land at 4 Exeter Road, Homebush, is determined by approving the modifications as set out in Annexure “A”.

4. As a consequence of order 2.3, Development Consent No. DA2013/198 is now subject to the consolidated, modified conditions of development consent as set out in Annexure “B”.

…………….

Jenny Smithson

Commissioner

168682.16 - Annexure A (12.9 KB, pdf)

168682.16 - Annexure B (78.3 KB, pdf)