Rick Agha v Cumberland Council

[2018] NSWLEC 1032

Land and Environment Court

New South Wales

Medium Neutral Citation:	Rick Agha v Cumberland Council [2018] NSWLEC 1032
Hearing dates:	Conciliation conference on 23 January 2018
Date of orders:	23 January 2018
Decision date:	23 January 2018
Jurisdiction:	Class 1
Before:	Commissioner Bish
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:	Rick Agha (Applicant) Cumberland Council (Respondent)
Representation:	Solicitor: David Tyrrell (Applicant) Anthony Hudson, Wilshire Webb Staunton Beattie Lawyers (Respondent)
File Number(s):	2017/278473
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 DA-62/2017 to delete the proposed strata subdivision from development the application.

2. The Appeal is upheld.

3. Development Application DA-62/2017 dated 17 February 2017 for the demolition of existing dwelling and associated structures and construction of a two storey attached dual occupancy at 29 Rickard Street, Auburn is approved subject to the conditions contained in Annexure ‘A’ attached.

4. The Applicant is to pay the costs of the Respondent thrown away as a result of amending the development application pursuant to section 97B of the Environmental Planning and Assessment Act 1979 as agreed at $2,500.00, within 21 days of the Court making these Orders.

……………………….

Commissioner Bish

Annexure A (417 KB, pdf)