Ganis & Anor v Sutherland Shire Council [2016] NSWLEC 1188

Land and Environment Court New South Wales

Medium Neutral Citation: Ganis & Anor v Sutherland Shire Council [2016] NSWLEC 1188 Hearing dates: Conciliation conference on 7-8 April, 26 April 2016 Date of orders: 23 May 2016 Decision date: 23 May 2016 Jurisdiction: Class 1 Before: Pearson C Decision: See (4) below Catchwords: DEVELOPMENT MODIFICATION; Deletion and amendment of deferred commencement conditions; design changes; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Frank Ganis and Mary Ganis (Applicants) Sutherland Shire Council (Respondent) Representation: Solicitors: Bartier Perry (Applicants) HWL Ebsworth Lawyers (Respondent) File Number(s): 2016/151690 (11142 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 are: 1. The Applicant is granted leave to amend Section 96(2) Modification Application dated 23 October 2015 and to rely upon the following amended plans, copies of which are behind Annexure "A": Plan number Reference Prepared by Date P1316 DA-02 Rev K Beach Front Floor Plans Contempo Architects 29 APR 2016 P1316 DA-03 Rev K Lower Ground Floor Plans Contempo Architects 29 APR 2016 P1316 DA-04 Rev H Ground Floor Plans Contempo Architects 19 APR 2016 P1316 DA-05 Rev I Upper Floor Plans Contempo Architects 29 APR 2016 P1316 DA-06 Rev I Site and Roof Plans Contempo Architects 29 APR 2016 P1316 DA-08 Rev I East and West Elevations Contempo Architects 29 APR 2016 P1316 DA-09 Rev I North elevations Contempo Architects 29 APR 2016 P1316 DA-10 Rev I South elevations Contempo Architects 29 APR 2016 P1316 DA-12 Rev I Sections AA and BB2 Contempo Architects 29 APR 2016 P1316 DA-16 Rev B External finishes Contempo Architects 29 APR 2016 P1316 DA-20 Rev A Lower Courtyard Sections Contempo Architects 29 APR 2016 Job 16-065a LA 01 Rev A DA Landscape Plan Taylor Brammer Landscape Architect Pty Ltd 04.05.2016 SY141-046 DA011 Rev A Drainage Layout Van der Meer Consulting August 2014 SY141-046 DA012 Rev A Catchment Plan Van der Meer Consulting August 2014 SY141-046 DA011 Rev C Drainage Layout Van der Meer Consulting 04.05.2016