Victor Lahoud v Ku-ring-gai Council

[2017] NSWLEC 1429

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Victor Lahoud v Ku-ring-gai Council [2017] NSWLEC 1429
Hearing dates:	Conciliation Conference on 08 August 2017
Date of orders:	08 August 2017
Decision date:	08 August 2017
Jurisdiction:	Class 1
Before:	Dickson 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:	Victor Lahoud (Applicant) Ku-ring-gai Council (Respondent)
Representation:	Counsel: Mr M Staunton (Applicant) Dr J Smith (Respondent) Mr A Gough (Solicitor) (Applicant) Mr J B Hones (Solicitor) (Respondent)
File Number(s):	2017/64798
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 Application No. DA0515.16 for the demolition of the existing dwelling and construction of a new dwelling at 44 Northcote Avenue, Killara is approved subject to the conditions contained in Annexure “A”.

…………….

D M Dickson

Commissioner

64798.17 (C) (316 KB, pdf)

64798.17 (Elevations) (1.19 MB, pdf)

64798.17 (Fence Elevation) (147 KB, pdf)

64798.17 (First Floor Plan) (1.20 MB, pdf)

64798.17 (Ground Floor Plan) (1.38 MB, pdf)

64798.17 (Stormwater) (5.27 MB, pdf)

Amendments

15 August 2017 - Administrative error

25 September 2017 - Pursuant to UCPR 36.17, the slip rule, amend orders of 8 August 2017 so that Order 2 refers to correct development application number "DA0515.16".