Rachelle Nader v Strathfield Municipal Council

[2017] NSWLEC 1527

Land and Environment Court

New South Wales

Medium Neutral Citation:	Rachelle Nader v STRATHFIELD MUNICIPAL COUNCIL [2017] NSWLEC 1527
Hearing dates:	Conciliation conference on 22 September 2017
Date of orders:	22 September 2017
Decision date:	22 September 2017
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:	Rachelle Nader (Applicant) Strathfield Council (Respondent)
Representation:	Solicitor: Mr P Saab, Macquarie Lawyers (Applicant) Mr A Seton, Marsden Law Group (Respondent)
File Number(s):	2017/149904
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 given leave to amend the modification 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
Proposed Ground Site Plan	DWG No.05	G	POC + P Architects	15/09/2017
Proposed Roof & Stormwater Drainage Concept Plan	DWG 07a	H	POC + P Architects	15/09/2017
Waste Management + Erosion Plan	DWG No.17	C	POC + P Architects	15/09/2017
Landscape Plan – General Site Coverage	DWG No.18	C	POC + P Architects	15/09/2017

Document Title	Issued to	Subject	Date
Correspondence from Willana Associates	R Nader c/- Macquarie Lawyers PO Box 52 Parramatta NSW 2150	Nader v Strathfield Council, 2 to 4 Barker Street, Strathfield	21 August 2017

2. The appeal is upheld.

3. The application made pursuant to section 96(1A) of the Environmental Planning and Assessment Act 1979 (modification application DA 2016/005/01) to modify Development Consent No. DA2016/005, for alterations and additions to a heritage listed dwelling comprising internal reconfiguration of rooms, alteration to windows and doors, conversion of a summerhouse to a triple carport and the installation of an in-ground swimming pool and patio area on the land at 2-4 Barker Road, Strathfield (lot 2 in Deposited Plan 325296), by amending the design of the front access path to stepping stones and providing for a small hard stand area adjacent to the entrance portico in the north eastern corner of the site (as shown on the amended plan “Proposed Ground Site Plan”, Drawing 05 – Issue G, dated 15 September 2017 prepared by POC + P Architects) is determined by approving the modifications as set out in Annexure “A”.

4. As a consequence of order 2.3, Development Consent No. DA2016/005 is now subject to the consolidated, modified conditions of development consent as set out in Annexure “B”.

……………………….

Commissioner Chilcott

Annexure A (214 KB, pdf)

Annexure B (259 KB, pdf)