Land and Environment Court New South Wales Medium Neutral Citation: Samia & Anor v Council of the City of Botany Bay [2016] NSWLEC 1157 Hearing dates: Conciliation conference on 18 December 2015, 19 January, 10 & 26 February, 15 & 26 April 2016 Date of orders: 26 April 2016 Decision date: 26 April 2016 Jurisdiction: Class 1 Before: Morris C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Joe Samia (Applicant 1) Ahmad Ahmad (Applicant 2) Council of the City of Botany (Respondent) Representation: Mr G. Hartley, Hartley Solcitors (Applicant) Ms J Walsh, Pikes & Verekers (Respondent) File Number(s): 10836 of 2015 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 were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders. ……………. Commissioner Morris 10836 of 2015 26 April 2016 (455 KB, pdf) 10836 of 2015 Morris (C) (537 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-1002-D-AnalysisPlan (110 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-1003-B (82.3 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-1010-B (58.1 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-2000-C-SitePlan (125 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-2001-C-BasementPlan (105 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-2002-D-GroundFloorPlan (188 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-2003-F (295 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-2004-E-LevelTwoPlan (207 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-2005-E-LevelThreePlan (207 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-2006-E-LevelFourPlan (213 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-2007-LevelFivePlan (171 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-2008-LevelSixPlan (148 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-2009-LevelSevenPlan (148 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-2010-D-RoofPlan (67.9 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-2023-B (103 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-2024-B (104 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-3021-A-CrossSectionStudy (160 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-2051-B (167 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-2061-B (83.2 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-3001-C-NorthGardenersRdElevation (125 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-3002-C-EastElevation (149 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-3003-C-WestElevation (141 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-3004-C-SouthRearElevation (107 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-3005-C-InternalNorthElevation (105 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-3006-C-InternalSouthElevation (100 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-3007-C-CrossSectionA (116 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-3008-C-CrossSectionB (121 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-3009-C-RearSouthElevation (106 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-3020-A-MilesStreet-GardenersRdElevationStudy (203 KB, pdf) 10836 of 2015 Morris_GardenersRd577-DA-3021-A-CrossSectionStudy (160 KB, pdf) Amendments 02 May 2016 - Added/uploaded plans DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 02 May 2016