Ghalaini v Canterbury-Bankstown Council [2016] NSWLEC 1590

Land and Environment Court New South Wales

Medium Neutral Citation: Ghalaini v Canterbury-Bankstown Council [2016] NSWLEC 1590 Hearing dates: Conciliation conference on 14 September, 12 October, 22 & 30 November 2016 Date of orders: 30 November 2016 Decision date: 30 November 2016 Jurisdiction: Class 1 Before: Hussey AC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: Construction of RFB, bulk accessibility, amenity, access, parking, stormwater, waste; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Alan Ghalaini (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Mr S Shneider, Houston Dearn O'Connor (Applicant) Mr J Fan, Pikes & Verekers Lawyers (Respondent) File Number(s): 2016/175388 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 make, 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 granted leave to amend the development application to rely on the amended plans and documents listed at condition 5 of the conditions of consent at Annexure "A" herein. 2. The appeal is upheld. 3. Development consent is granted to Development Application 59/2016 for the demolition of the existing structures and the construction of two three storey buildings comprising 10 units with basement car parking and landscaping is approved, subject to conditions of consent annexed hereto and marked "Annexure A". ……………. R. Hussey Acting Commissioner 175388.16 - Annexure A - Conditions of Consent (92.6 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: 09 December 2016