Land and Environment Court New South Wales Medium Neutral Citation: Koukoutas v Canterbury Bankstown Council [2016] NSWLEC 1633 Hearing dates: Conciliation conference on 26 October, 25 November, 2 and 22 December 2016 Date of orders: 23 December 2016 Decision date: 23 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: Andrew Koukoutas (Applicant) Canterbury Bankstown Council(Respondent) Representation: Counsel: Mr P Clay SC with Ms J Reid (Applicant) Solicitors: John B Hajje & Associates(Applicant) Mr A Seton Marsdens Law Group (Respondent) File Number(s): 181966/2016 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 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 No. Drawing Name Rev No. Prepared By: Dated DA01 Cover sheet F Morson Group 20 December 2016 DA04 Site plan and roof plan D Morson Group 4 December 2016 DA05 Site analysis and demolition plan D Morson Group 4 December 2016 DA06 Basement floor plan E Morson Group 4 December 2016 DA07 Ground floor plan G Morson Group 20 December 2016 DA08 Level 1 floor plan F Morson Group 4 December 2016 DA09 Level 2 floor plan G Morson Group 20 December 2016 DA10 Roof plan E Morson Group 4 December 2016 DA11 Elevations 1 E Morson Group 4 December 2016 DA12 Elevations 2 F Morson Group 20 December 2016 DA13 Sections F Morson Group 20 December 2016 DA14 Existing Shadow Diagram – June 21st B Morson Group 4 December 2016 DA15 Proposed Shadow Diagrams – June 21st E Morson Group 4 December 2016 DA16 Visualization 1 D Morson Group 4 December 2016 DA17 Visualization 2 C Morson Group 4 December 2016 DA18 Compliance schedule and BASIX requirements D Morson Group 4 December 2016 DA19 SEPP Compliance Summary D Morson Group 4 December 2016 DA20 Shadow 3D Analysis – Proposed D Morson Group 4 December 2016 DA22 DCP/ADG Compliant Envelope Study C Morson Group 15 December 2016 DA23 Solar Access – Diagrams E Morson Group 4 December 2016 DA24 Fence condition at rear boundary B Morson Group 4 December 2016 DA25 Long section and Bdyinterface at 63/65 Park St A Morson Group 4 December 2016 DA26 Northern external façade view study B Morson Group 20 December 2016 DA27 Deep soil analysis plan B Morson Group 20 December 2016 DA28 Fence Detail to Northern Boundary A Morson Group 20 December 2016 Nos. 1-25 Solar Study 83 Duke Street – Compliant Envelope A Morson Group 4 December 2016 LPDA 16-78/1 Landscape Plan G Conzept Landscape Architects 5 December 2016 Document Title Prepared by Dated Basix Certificate No. 672027M 1. The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. 2. The appeal is upheld. 3. Development consent is granted to Development Application No. 568/2015 for the Demolition of existing structures and construction of a 3 storey residential flat building containing 8 units over on level of basement parking accommodating 10 car parking spaces at 81 Duke Street, Campsie subject to the conditions of consent annexed hereto and marked "A". ……………. Sue Morris Commissioner 181966.2016 (C Annexure A) (230 KB, pdf) 181966.2016Architectural Drawings (5.59 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: 23 December 2016