Zeitouni & anor v Inner West Council

[2016] NSWLEC 1319

Land and Environment Court

New South Wales

Medium Neutral Citation:	Zeitouni & anor v Inner West Council. [2016] NSWLEC 1319
Hearing dates:	Conciliation conference on 2 August 2016
Date of orders:	08 August 2016
Decision date:	08 August 2016
Jurisdiction:	Class 1
Before:	Fakes C
Decision:	See (4) below
Catchwords:	MODIFICATION APPLICATION; Fencing and balustrades; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	David and Melissa Zeitouni (Applicants) Inner West Council (Respondent)
Representation:	Applicants: Mr A Seton (Solicitor) Respondent: Mr S Turner (Solicitor)   Solicitors: Applicants: Marsdens Law Group Respondent: Inner West Council
File Number(s):	152621 of 2016
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 amend the modification application by substituting the following plans as the plans relied upon for the pupose of the modification application.

Drawing No.	Drawing Title	Prepared by	Revision	Dated
A02	Ground Floor Plan	Architects Becerra	N	3/8/16
A05	Elevations	Architects Becerra	I	3/8/16
A07	Sections	Architects Becerra	H	3/8/16
A12	Elevations	Architects Becerra	I	3/8/16

2. The appeal is upheld.

3. The Application made by the Applicants to the Respondent on 18 December 2015 under Section 96(2) of the Environmental Planning and Assessment Act 1979 to modify Development Consent No. D/2014/20 for “Demolition and construction of two x two-storey dwellings” on the land known as Lot 1 DP 599044, 77 Foster Street, Leichhardt (as modified on 1 August 2014) is determined by approving the modifications to Development Consent No. D/2014/20 as set out in Annexure A.

4. As a consequence of order (3) Development Consent No. D/2014/20 is now subject to the consolidated, modified conditions of development consent set out in Annexure B.

________________________

Judy Fakes

Commissioner of the Court

152621.16 Annexure A (259 KB, pdf)

152621.16 Annexure B (270 KB, pdf)

Decision last updated: 08 August 2016