Samir Touma and Anor v Canterbury-Bankstown Council [2017] NSWLEC 1165

Land and Environment Court New South Wales

Medium Neutral Citation: Samir Touma and Anor v Canterbury-Bankstown Council [2017] NSWLEC 1165 Hearing dates: Conciliation Conference on 15 February, 13 and 21 March 2017 Date of orders: 30 March 2017 Decision date: 30 March 2017 Jurisdiction: Class 1 Before: Chilcott 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: Samir Touma (Applicant) Linda Touma (Applicant) Canterbury – Bankstown Council (Respondent) Representation: Counsel: S Nash (Barrister) (Respondent) Solicitors: T Flaherty, Mills Oakley (Applicant) C Zoppo, Lindsay Taylor Lawyers (Respondent) File Number(s): 2016/332371 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 rely upon the amended plans referred to in the conditions of consent annexed hereto and marked "Annexure A". 2. The Applicant is to pay the Respondent's costs thrown away pursuant to section 97B of the Environmental Planning and Assessment Act 1979, as agreed in the sum of $15,000 within 28 days of this agreement. 3. The Appeal is upheld. 4. Development Consent is granted to Development Application No. 258/2015 for the demolition of existing structures and construction of a five (5) storey mixed use development containing nineteen (19) residential apartments subject to the conditions in Annexure "A." ……………. Michael Chilcott Commissioner 332371.16 Annexure A (C) (121 KB, pdf) 332371.16 Plans (7.74 MB, pdf)