Succar v Georges River Council

[2016] NSWLEC 1246

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Succar & anor v Georges River Council [2016] NSWLEC 1246
Hearing dates:	Conciliation conference on 6 June 2016
Date of orders:	15 June 2016
Decision date:	15 June 2016
Jurisdiction:	Class 1
Before:	Morris 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:	Deab-Anthony Succar (First Applicant) Sally Succar (Second Applicant)   Georges River Council (Respondent)
Representation:	Solicitors: Mr P Duffy Duffy Law Group (Applicant)   Ms A Berry Lindsay Taylor Lawyers (Respondent)
File Number(s):	2016/00151268
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, 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 is granted to DA 2015/0129 for the proposed dual occupancy development at 8 Cooloongatta Road, Beverly Hills (being folio identifier 224/13496) subject to the conditions set out in Annexure ‘A’.

3. A copy of the plans referred to in condition 1 of Annexure ‘A’ are exhibited at Annexure ‘B’.

…………….

Sue Morris

Commissioner

151268.16 - Annexure A - Amended on 3 August 2016 (142 KB, pdf)

151268.16_Architectural plans (2.73 MB, pdf)

151268.16_Landscape Plan_D (418 KB, pdf)

151268.16_Shadows_Composite (1.41 MB, pdf)

Amendments

03 August 2016 - Annexure A - Amended on 3 August 2016

Decision last updated: 03 August 2016