Sharma v Bayside Council [2020] NSWLEC 1673

Land and Environment Court New South Wales

Medium Neutral Citation: Sharma v Bayside Council [2020] NSWLEC 1673 Hearing dates: Conciliation conference on 18 December 2020 Date of orders: 23 December 2020 Decision date: 23 December 2020 Jurisdiction: Class 1 Before: Walsh C Decision: See orders at [15] Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between parties – orders Legislation Cited: Botany Bay Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy (Building Sustainability Index: BASIX 2004) Category: Principal judgment Parties: Ashween Krishan Sharma (First Applicant) Sumitra Sharma (Second Applicant) Bayside Council (Respondent) Representation: Counsel: E Fleming (Solicitor) (Applicants) A Epstein (Solicitor) (Respondent)

Solicitors: Swaab (Applicants) HWL Ebsworth Lawyers (Respondent) File Number(s): 2019/380714 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal under s 8.7 of the Environmental Planning and Assessment Act 1979 ('EPA Act') against the refusal of Development Application DA 2019-261 ('DA') by Bayside Council ('Council'). 2. The DA seeks approval for alterations, additions and use of an existing dwelling on Lot 118 in DP11375 on land known as 52 Dudley Street, Pagewood ('site'). 3. The Court arranged a conciliation conference between the parties under s 34(1) of the Land and Environment Court Act 1979 ('LEC Act'), which was held on 18 December 2020. I presided over the conciliation conference. 4. At the conciliation conference, the parties provided evidence that an agreement, under s 34(3) of the LEC Act, had been reached between them. The decision agreed by the parties is for leave to be granted to amend the DA, and for the grant of development consent subject to conditions. 5. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions.