Davidovic v Botany Bay City Council [2012] NSWLEC 1208

Land and Environment Court New South Wales

Medium Neutral Citation: Davidovic v Botany Bay City Council [2012] NSWLEC 1208 Hearing dates: 31 July 2012 Decision date: 01 August 2012 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: Development application, dwelling houses Legislation Cited: Botany Local Environmental Plan 1995 Land and Environment Court Act 1979; Texts Cited: Development Control Plan No. 38 - Houses and Ancillary Structures Category: Principal judgment Parties: Dusica Davidovic (Applicant)

Botany Bay City Council (Respondent) Representation: Solicitors Mr G Christmas Apex Law (Applicant)

Mr T O'Connor Houston Dearn O'Connor (Respondent) File Number(s): 10469 of 2012

Judgment 1Mr Dadovic lodged a development application with Botany Bay City Council on 27 September 2010 that proposed the demolition of an existing dwelling and associated outbuildings and the construction of two x three storey terrace homes on land known as 17 Universal Street, Eastlakes. The council refused the application on 24 November 2011 and Mr Dadovic is appealing that decision. 2As a result of the joint conferencing between town planning and urban design experts, the applicant prepared amended plans that significantly reduced the height of the building. Those plans were discussed at a conciliation conference held on site under the provisions of s 34 of the Land and Environment Court Act 1979 (LECAct) where the experts for the parties agreed that the amended design was satisfactory and addressed all of the contentions raised by the council. 3The council staff present at the conciliation conference did not have delegation from their council to enter into an agreement under s 34(3) of the LECAct however consented to the proceedings being disposed of on the basis of what had occurred at the conciliation conference in accordance with the provisions of s 34(4)(b)(ii).