Abdul-Rahman v Strathfield Municipal Council [2016] NSWLEC 1213

Land and Environment Court New South Wales

Medium Neutral Citation: Abdul-Rahman v Strathfield Municipal Council [2016] NSWLEC 1213 Hearing dates: Conciliation conference on 9 February, 10, 11 March, 20 April, 16 May 2016 Date of orders: 26 May 2016 Decision date: 26 May 2016 Jurisdiction: Class 1 Before: Smithson AC 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: Omar Abdul Rahman (Applicant) Strathfield Municipal Council (Respondent) Representation: Solicitors: A Spizzo, Landerer & Company (Applicant) S Shneider, Houston Dearn O'Connor (Respondent) File Number(s): 2016/00154119 (Formerly 2015/11122) Publication restriction: No

Judgment 1. ACTING 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 rely on the following amended plans prepared by Ghazi Al Ali Architect and SGC Consulting Pty Ltd: 1. Demolition plan prepared by Ghazi Al Ali Architect, Drawing No. A1101, Issue B dated 20 May 2016 2. Basement Plan prepared by Ghazi Al Ali Architect, Drawing No. A1200, Issue E dated 21 March 2016 3. Ground Floor Plan prepared by Ghazi Al Ali Architect, Drawing No. A1201, Issue E dated 21 March 2016 4. Level 01 Floor Plan prepared by Ghazi Al Ali Architect, Drawing No. 1202 Issue E dated 21 March 2016 5. Level 02 Floor Plan prepared by Ghazi Al Ali Architect, Drawing No. A1203, Issue E dated 21 March 2016 6. Roof Plan prepared by Ghazi Al Ali Architect, Drawing No. A1204, Issue E dated 21 March 2016 7. South East and North West Elevation prepared by Ghazi Al Ali Architect, Drawing No. A1500, Issue E dated 21 March 2016 8. South West and North East Elevation prepared by Ghazi Al Ali Architect, Drawing No. A1501, Issue E dated 21 March 2016 9. Section AA and BB prepared by Ghazi Al Ali Architect, Drawing No. A1700, Issue E dated 21 March 2016. 10. Ground Floor Landscape Plan prepared by Concept Landscape Architects Dwg No LPDA 15 -446/1 Issue D dated March 2016 11. Level 2 Landscape Plan prepared by Concept Landscape Architects Dwg No LPDA 15 -446/2 Issue C dated March 2016 12. Landscape Details prepared by Concept Landscape Architects Dwg No LPDA 15 -446/3 Issue A dated May 2015 13. Stormwater Concept Design Basement Plan Dwg No SW02 Issue C prepared by SGC Consultants dated 24 March 2016 14. Stormwater Concept Design Ground Floor Plan Dwg No SW03 Issue C prepared by SGC Consultants dated 24 March 2016 15. Stormwater Concept Design Roof Plan Dwg No SW04 Issue C prepared by SGC Consultants dated 24 March 2016 16. Stormwater Concept Design Details Sheet Dwg No SW05 Issue C prepared by SGC Consultants dated 24 March 2016 17. Sediment and Erosion Control Plan Dwg No SW06 Issue C prepared by SGC Consultants dated 24 March 2016 1. The appeal is upheld. 2. Application DA 2015/069 lodged on 2 July 2015 (as amended by the plans referred to at 1 herein) for a 3 storey apartment building of 25 residential units including 14 units set aside for affordable housing at 25 – 29 Anselm Street Strathfield South is approved subject to the conditions annexed and marked "A". 3. Pursuant to Section 97B of the Land and Environment Court Act 1979 the Applicant pay the Council's costs thrown away in the amount of $5000.00. ……………. Jenny Smithson Acting Commissioner 154119.16 - Annexure A (88.9 KB, pdf) 154119.16 - Architectural Plans (10.4 MB, pdf) 154119.16 - Hydraulic Plans (2.25 MB, pdf) 154119.16 - Landscape Plans (5.10 MB, pdf) 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 June 2016