Saoud v Georges River Council

[2018] NSWLEC 1311

Land and Environment Court

New South Wales

Medium Neutral Citation:	Saoud v Georges River Council [2018] NSWLEC 1311
Hearing dates:	Conciliation conference on 30 April, 8 June 2018
Date of orders:	22 June 2018
Decision date:	22 June 2018
Jurisdiction:	Class 1
Before:	Dixon SC
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:	Nicole Saoud (Applicant) Georges River Council (Respondent)
Representation:	Solicitors: Litigant in Person (Applicant) J Ware, Georges River Council (Respondent)
File Number(s):	2017/328848
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. Leave is granted for the Applicant to rely on the amended plans listed in paragraph 1 of the conditions set out in Annexure A, being the plans identified as follows:

Baini Design

1. 18034/01      May 2018   Cover Page

2. 18034/02      May 2018    Site Plan/Ground Floor Plan   

3. 18034/03      May 2018   First Floor Plan

4. 18034/04      May 2018   Second Floor Plan

5. 18034/05      May 2018   Elevations

6. 18034/06      May 2018   Elevations

7. 18034/07      May 2018   Section AA

8. 18034/08      May 2018   External Finishes Schedule   

9.    18034/08      May 2018   Site Analysis

10. 18034/09      May 2018   Shadow Diagram

Designascape Landscape

11. 209/18      May 2018   Landscape Plan

Chapman Planning

12. - 24 May 2018 Plan of Management

2. The appeal is upheld and Development Application DA2016/0230, for the demolition of the existing dwelling and garage and construction of New Boarding House (18 rooms plus manager’s residence) and associated car parking at 16–20 Tooronga Terrace, Beverly Hills NSW 2209 is approved, subject to the conditions set out in Annexure A.

3. The Applicant is to pay the Respondent’s costs in the amount of $9,500 pursuant to section 8.15(3) of the Act within 14 days of the date of the Order made by the Court.

……………………….

Susan Dixon

Senior Commissioner of the Court

Annexure A (137 KB, pdf)

Plans (9.51 MB, pdf)

Decision last updated: 22 June 2018