Victor Sahade v Warringah Council

[2016] NSWLEC 1537

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Victor Sahade v Warringah Council [2016] NSWLEC 1537
Hearing dates:	Conciliation conference on 7, 22 September, 26 October and 8 November 2016
Date of orders:	14 November 2016
Decision date:	14 November 2016
Jurisdiction:	Class 1
Before:	Smithson C
Decision:	See (4) below
Catchwords:	MODIFICATION APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Victor Sahade (Applicant) Northern Beaches Council (Respodent)
Representation:	Mr M Sahade (Applicant) Mr A Gough, Storey & Gough Lawyers (Respondent)
File Number(s):	2016/170882
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 applicant is granted leave to rely on an amended application incorporating plans prepared by ‘Richard + Ross Pty Ltd’:

1. Drawing No. C01, Revision 02 and dated 28 September 2016

2. Drawing No. C02, Revision 01 and dated 14 September 2016

3. Drawing No. C03, Revision 02 and dated 28 September 2016

4. Drawing No. C04, Revision 01 and dated 29 September 2016

2. The appeal is upheld.

3. The application pursuant to section 96(1A) of the Environmental Planning and Assessment Act 1979 (Modification Application No. Mod2015/0181) to modify Development Consent No.2003/1089DA for refurbishment and re-use of a former service station development as a Crystal Carwash Café outlet, comprising a new carwash building and vacuum facilities, conversion of the convenience store building to a café, new signage and landscaping is determined by approving the modifications as set out in Annexure “A”.

4. As a consequence of order (c), Development Consent No.2003/1089DA is now subject to the consolidated, modified conditions of development consent as set out in Annexure “B”.

…………….

Jenny Smithson

Commissioner

170882.16 Smithson (C) Annexure A (172 KB, pdf)

170882.16 Smithson (C) Annexure B (208 KB, pdf)

170882.16 Smithson - C01-SITE PLAN_02 (283 KB, pdf)

170882.16 Smithson - C02-SECTIONS AND DETAILS_01 (98.6 KB, pdf)

170882.16 Smithson - C03-LONG SECTION AND DETAILS_02 (77.9 KB, pdf)

170882.16 Smithson - C04-SITE ELEVATIONS_01 (71.3 KB, pdf)

Amendments

29 December 2016 - Pursuant to UCPR 36.17, amendment made to correct a typographical error in order 4(d).

Decision last updated: 29 December 2016