Mahmoud Mearbany v Inner West Council

[2016] NSWLEC 1639

Land and Environment Court

New South Wales

Medium Neutral Citation:	Mahmoud Mearbany v Inner West Council [2016] NSWLEC 1639
Hearing dates:	Conciliation conference on 28 November & 12 December 2016
Date of orders:	23 December 2016
Decision date:	23 December 2016
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:	Mahoud Mearbany (Applicant) Inner West Council (Respondent)
Representation:	Mr G McKee, McKees Legal Solutions, (Applicant) Mr S Turner, Legal Services (Respondent)
File Number(s):	2016/233401
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 upon amended plans referred to in Condition 1 of the attached conditions.

2. The parties agree no order as to costs pursuant to s97B of the Environmental Planning and Assessment Act 1979.

3. The appeal is upheld.

4. Development Application No. 201500723 which was refused by the Respondent on 31 May 2016 for the demolition of existing structures and the construction of a 2 storey boarding house containing 15 rooms and associated car parking in accordance with the State Environmental Planning Policy (Affordable Rental Housing) 2009 is approved subject to the conditions contained in Annexure “A”.

……………………….

Commissioner Chilcott

233401.16 Chilcott (C) (214 KB, pdf)

233401.16 Chilcott - Plans (906 KB, pdf)