Shaaben Dayoub v Sutherland Shire Council

[2017] NSWLEC 1437

Land and Environment Court

New South Wales

Medium Neutral Citation:	Shaaben Dayoub v Sutherland Shire Council [2017] NSWLEC 1437
Hearing dates:	Conciliation Conference on 11 August 2017
Date of orders:	14 August 2017
Decision date:	14 August 2017
Jurisdiction:	Class 1
Before:	Dixon C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Cases Cited:	Nil
Texts Cited:	Nil
Category:	Principal judgment
Parties:	Shaaben Dayoub (Applicant) Sutherland Shire Council (Respondent)
Representation:	Ms L Saw (Solicitor) (Applicant) Ms J Amy (Solicitor) (Respondent)
File Number(s):	187887 of 2017
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. Development Consent be granted to DA 15/0058 for the demolition of existing structures and erection of a dual occupancy on both lots and Torrens Title subdivision of both dual occupancies at 6 Barker Close, Illawong, subject to the conditions in Annexure ‘A’.

…………….

S Dixon

Commissioner

187887.17 (C) (256 KB, pdf)