Nathan Carlini v Canterbury Bankstown Council

[2018] NSWLEC 1156

Land and Environment Court

New South Wales

Medium Neutral Citation:	Nathan Carlini v Canterbury Bankstown Council [2018] NSWLEC 1156
Hearing dates:	Conciliation conference on 22 & 23 February, 12, 19 & 26 March 2018
Date of orders:	27 March 2018
Decision date:	27 March 2018
Jurisdiction:	Class 1
Before:	Gray 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:	Nathan Carlini(Applicant) Canterbury Bankstown Council(Respondent)
Representation:	Solicitors: Mr P. Rigg, Peter R Rigg (Applicant) Mr A. Seton, Marsdens Law Group (Respondent)
File Number(s):	2017/251912
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 amend Development Application No. DA-162/2017 and to rely upon the following amended plans:

Dwg / Document number	Plan Name	Prepared By	Date
S34 001 Issue B	Site Plan /Roof Plan	Cracknell & Lonergan	12 March 2018
S34 101 Issue B	Ground Floor Plan	Cracknell & Lonergan	12 March 2018
S34 201 Issue B	Eastern and Western Elevations	Cracknell & Lonergan	12 March 2018
S34 202	Section and north and south elevations	Cracknell & Lonergan	12 March 2018
D01 Rev C	Stormwater Management and Soil & Water Management Plan	iStruct Consulting Engineers	5 March 2018

2. The appeal is upheld.

3. Development Application No. DA-162/2017 (as amended) for the demolition of an existing garage and construction of a new single garage with attached secondary dwelling located on the ground floor and first floor on Lot 1 in DP 171175 (otherwise known as 38 Third Street, Ashbury) is approved subject to the conditions in Annexure “A”.

……………………….

Commissioner Gray

Land & Environment Court of NSW

Annexure A (C)

Annexure B (Plans)