Land and Environment Court New South Wales Medium Neutral Citation: Lam v Strathfield Council [2016] NSWLEC 1509 Hearing dates: Conciliation conference on 2, 19, 23 September, 5, 18 October 2016 Date of orders: 01 November 2016 Decision date: 01 November 2016 Jurisdiction: Class 1 Before: Smithson C Decision: See (4) below Catchwords: MODIFICATION APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Benjamin Lam (Applicant) Strathfield Council (Respondent) Representation: Solicitors: V. Conomos, Conomos Legal (Applicant) A. Seton, Marsdens Law Group (Respondent) File Number(s): 2016/00168682 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 under s34(3) of the Land and Environment Court Act 1979 are: 1. The Applicant is given leave to amend the development application by substituting the following plans and documentation as the plans and documentation relied upon for the purpose of the development application: Drawing Title Drawing No. Revision Prepared by Dated GFA Calculations A1050 J Ghazi Al Ali Architects 23/9/2016 Infill Affordable Housing A1052 J Ghazi Al Ali Architects 23/9/2016 Survey Plan A1100 J Ghazi Al Ali Architects 23/9/2016 Basement 01 A1200 J Ghazi Al Ali Architects 23/9/2016 Ground Floor Plan A1201 J Ghazi Al Ali Architects 23/9/2016 Level 01 A1202 J Ghazi Al Ali Architects 23/9/2016 Level 02 A1203 J Ghazi Al Ali Architects 23/9/2016 Level 03 A1204 J Ghazi Al Ali Architects 23/9/2016 Roof Plan A1205 J Ghazi Al Ali Architects 23/9/2016 Shadow Diagram 9.00am A1300 J Ghazi Al Ali Architects 23/9/2016 Shadow Diagram 12.00pm A1301 J Ghazi Al Ali Architects 23/9/2016 Shadow Diagram 3.00pm A1302 J Ghazi Al Ali Architects 23/9/2016 Shadow Diagram 3D A1303 J Ghazi Al Ali Architects 23/9/2016 Elevations Plan A1500 J Ghazi Al Ali Architects 23/9/2016 Sections Plan A1700 J Ghazi Al Ali Architects 23/9/2016 Communal Open Space Calculation A3000 J Ghazi Al Ali Architects 23/9/2016 Document Title Dated BASIX Certificate No. 508062M_04 19 October 2016 1. The appeal is upheld. 2. The application made pursuant to section 96(2) of the Environmental Planning and Assessment Act 1979 (modification application DA2013/198/02) to modify Development Consent No. DA2013/198 (as modified), for a four storey residential flat building on the land at 4 Exeter Road, Homebush, is determined by approving the modifications as set out in Annexure "A". 3. As a consequence of order 2.3, Development Consent No. DA2013/198 is now subject to the consolidated, modified conditions of development consent as set out in Annexure "B". ……………. Jenny Smithson Commissioner 168682.16 - Annexure A (12.9 KB, pdf) 168682.16 - Annexure B (78.3 KB, 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 November 2016