Land and Environment Court New South Wales Medium Neutral Citation: Fatouleh v Georges River Council [2016] NSWLEC 1583 Hearing dates: Conciliation conference on 14 October, 14 & 25 November 2016 Date of orders: 02 December 2016 Decision date: 02 December 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: Jack Fatouleh (Applicant) Georges River Council (Respondent) Representation: Counsel: Mr J Doyle (Applicant) Solicitors: Sydney Law Practice Pty Limited (Applicant) Ms A Berry Lindsay Taylor Lawyers (Respondent) File Number(s): 221690/2016 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 appeal is upheld. 2. The Applicant is granted leave to amend development application DA2015/0031, to rely upon the following amended plans: Reference No. Date Description Revision Prepared by 5841-16-00 10.11.16 Cover Sheet C Lyle Marshall & Partners 5841-16-01 03.11.16 Survey Plan B Lyle Marshall & Partners 5841-16-02 03.11.16 Site Control Plan B Lyle Marshall & Partners 5841-16-03 10.11.16 Basement Floor Plan/Roof Plan C Lyle Marshall & Partners 5841-16-04 10.11.16 Ground Floor Plan C Lyle Marshall & Partners 5841-16-05 03.11.16 First Floor Plan B Lyle Marshall & Partners 5841-16-06 10.11.16 Second Floor Plan C Lyle Marshall & Partners 5841-16-07 03.11.16 Third Floor Plan/Roof Plan B Lyle Marshall & Partners 5841-16-08 03.11.16 Roof Plan/Site Plan B Lyle Marshall & Partners 5841-16-09 10.11.16 Sections C Lyle Marshall & Partners 5841-16-10 03.11.16 Elevations Sheet 1 B Lyle Marshall & Partners 5841-16-11 03.11.16 Elevations Sheet 2 B Lyle Marshall & Partners 5841-16-12 03.11.16 Shadow Diagrams B Lyle Marshall & Partners 5841-16-13 03.11.16 Shadow Diagrams B Lyle Marshall & Partners 5841-16-14 03.11.16 Shadow Diagrams B Lyle Marshall & Partners 5841-16-15 03.11.16 Shadow Diagrams B Lyle Marshall & Partners 5841-16-16 03.11.16 Shadow Diagrams B Lyle Marshall & Partners 5841-16-17 03.11.16 Shadow Diagrams B Lyle Marshall & Partners 5841-16-18 03.11.16 Shadow Diagrams B Lyle Marshall & Partners 5841-16-19 03.11.16 Shadow Diagrams B Lyle Marshall & Partners 5841-16-20 03.11.16 Site Photographs B Lyle Marshall & Partners 5841-16-21 10.11.16 Section C-C B Lyle Marshall & Partners 16-3361 LO1 23.11.16 Landscape plan Zenith Landscape Designers 16-3361 LO2 23.11.16 Landscape plan Zenith Landscape Designers 16-3361 LO3 23.11.16 Landscape plan Zenith Landscape Designers 604344M_03 21.11.16 BASIX Certificate Zoran Cvetkovski 1. The Applicant is to pay the Respondent's costs under s.97B of the Environmental Planning and Assessment Act 1979, as agreed in the sum of $9,500 within 7 days. 2. Development consent is granted for development application DA2015.0031 for the construction of a three (3) storey residential flat building containing fourteen (14) units (3 x 1 bedroom apartments, 10 x 2 bedroom apartments and 1 x bedroom + study) at 1-3 Peake Parade Peakhurst in NSW, subject to the conditions attached in Annexure "A". ……………. Sue Morris Commissioner 221690.16 Morris (C) (444 KB, pdf) 221690.16 Morris - FATOULEH COLOUR PLANS PT 1 (7.07 MB, pdf) 221690.16 Morris - FATOULEH COLOUR PLANS PT 2 (3.60 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: 07 December 2016