Zena Soleiman v Inner West Council [2017] NSWLEC 1099

Land and Environment Court New South Wales

Medium Neutral Citation: Zena Soleiman v Inner West Council [2017] NSWLEC 1099 Hearing dates: Conciliation conference on 19 December 2016 & 20 January 2017 Date of orders: 01 March 2017 Decision date: 01 March 2017 Jurisdiction: Class 1 Before: Smithson 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: ZENA SOLEIMAN (Applicant) INNER WEST Council (Respondent) Representation: Counsel: Dr S. Berveling Solicitors: Mr J Comino, Comino Prassas Solictors (Applicant) Mr J Strati, Inner West Council (Respondent) File Number(s): 2016/270245 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. That the appeal be upheld. 2. The Applicant is granted leave to rely on amended plans (Version F) lodged with the Respondent on 2 February 2017. 3. Approval is granted to Application No. DA201500453 for Alterations and Additions to an Existing Dwelling and Conversion into a 3 storey boarding house with 9 rooms, subject to conditions set out in Annexure "A" attached hereto, on Lot 4 DP 11298 known as 58 Ewart Street Marrickville; and 4. Applicant to pay Respondents Costs thrown away pursuant to section 97B Environmental Planning and Assessment Act in the sum of $1,500.00 plus GST. ………………………. Commissioner Smithson 270245.16 Smithson (C) (242 KB, pdf) 270245.16 Smithson - Context Drawing 1 ISSUE D (232 KB, pdf) 270245.16 Smithson - DA shadow Diagrams and Analysis ISSUE F (204 KB, pdf) 270245.16 Smithson - DA Elevations + 3D Views 2 ISSUE F (977 KB, pdf) 270245.16 Smithson - Roof Plan and Concept Stormwater ISSUE F (348 KB, pdf) 270245.16 Smithson - DA Elevations + 3D views 1 ISSUE F (549 KB, pdf) 270245.16 Smithson - DA Sections ISSUE F (285 KB, pdf) 270245.16 Smithson - Plans First and Second Floor ISSUE F (1.30 MB, pdf) 270245.16 Smithson - DA Ground Floor Plan and Sediment Control Details ISSUE F (503 KB, pdf) 270245.16 Smithson - Context Drawing 2 ISSUE D (209 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: 01 March 2017