Samir Alzaidi v Campbelltown City Council

[2017] NSWLEC 1579

Land and Environment Court

New South Wales

Medium Neutral Citation:	Samir Alzaidi v Campbelltown City Council [2017] NSWLEC 1579
Hearing dates:	Conciliation conference on 18 September and 6 October 2017
Date of orders:	13 October 2017
Decision date:	13 October 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:	Samir Alzaidi (Applicant) Campbelltown City Council (Respondent)
Representation:	Solicitors: Mr S Patterson, Wilshire Webb Staunton Beattie (Applicant) Mr A Seton, Marsdens Law Group (Respondent)
File Number(s):	2017/148053
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 appeal is upheld.

2. Leave is granted to rely on the following documents that are the subject of Development Application No. DA-2750/2015/DA-BH:

Plan No.	Plan Name	Issue	Prepared by	Date
AR-1	Site and Roof Plan	Council submission	NK Architect	25/09/2017
AR-2	Existing Floor Plans	Council Submission	NK Architect	25/09/2017
AR-3	Ground Floor Plan	Council Submission	NK Architect	25/09/2017
AR-4	Elevations	Council Submission	NK Architect	25/09/2017
AR-5	Sections	Council Submission	NK Architect	25/09/2017
AR-6	Accessible WC and Shower Detail	Council Submission	NK Architect	25/09/2017
AR-7	Accessible WC and Shower Detail 2	Council Submission	NK Architect	25/09/2017
AR-8	Site Analysis	Council Submission	NK Architect	25/09/2017
AR-9	Stormwater Concept	Council Submission	NK Architect	25/09/2017

3. Development Application No. DA-2750/2015/DA-BH for alterations and additions to an existing dwelling for us as a boarding house containing 9 boarding rooms, 2 communal living areas, 3 bathrooms, laundry facilities, parking and retention of the existing swimming pool at Lot A in Deposited Plan 401947, otherwise known as 21 Allman Street, Campbelltown, is approved subject to the conditions contained at Annexure “A”.

……………………….

Michael Chilcott

Commissioner of the Land and Environment Court of NSW

Annexure A (C) (270 KB, pdf)