Land and Environment Court New South Wales Medium Neutral Citation: Gebrayel Developments Pty Ltd v Inner West Council [2017] NSWLEC 1382 Hearing dates: Conciliation conference on 17 July 2017 Date of orders: 19 July 2017 Decision date: 19 July 2017 Jurisdiction: Class 1 Before: Dixon 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: Gebrayel Developments Pty Ltd & Alexander Catania (Applicant) Inner West Council (Respondent) Representation: Solicitor: Mr V Conomos, Conomos Legal (Applicant) Mr J Strati, Inner West Council (Respondent) File Number(s): 2017/82842 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 given leave to amend the development application and rely upon the following plans in the proceedings: Plan, Revision and Issue No. Plan Name Date Issued Prepared by DA010, rev 3 Site Plan and Analysis 23/5/17 BKA Architecture DA012, rev 3 Basement 2 23/5/17 BKA Architecture DA012, rev 3 Basement 1 23/5/17 BKA Architecture DA100, rev 3 Ground Floor Plan 23/5/17 BKA Architecture DA101, rev 3 Level 1 23/5/17 BKA Architecture DA102, rev 3 Level 2 23/5/17 BKA Architecture DA103, rev 3 Level 3 23/5/17 BKA Architecture DA104, rev 3 Level 4 23/5/17 BKA Architecture DA105, rev 3 Level 5 23/5/17 BKA Architecture DA106, rev 3 Level 6 23/5/17 BKA Architecture DA107, rev 3 Level 6 Upper 23/5/17 BKA Architecture DA108, rev 3 Roof plan 23/5/17 BKA Architecture DA200, rev 3 East elevation 23/5/17 BKA Architecture DA201, rev 3 South elevation 23/5/17 BKA Architecture DA202, rev 3 West elevation 23/5/17 BKA Architecture DA203, rev 3 North elevation 23/5/17 BKA Architecture DA300, rev 3 Section A 23/5/17 BKA Architecture DA900, rev 3 Finishes schedule 23/5/17 BKA Architecture 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 application DA201700013 lodged 13 January 2017 seeking approval for the demolition of existing warehouse and commercial shops. Consolidation of eight (8) lots into one site and the construction of a part four (4) storey, part seven (7) and part eight (8) storey mixed use development comprising five (5) ground floor retail tenancies, 6 serviced apartments, 56 residential apartments, basement car park, associated landscaping and subdivision is approved subject to the conditions in Annexure A. ………………………. Commissioner Dixon 82842.17 Dixon (C) (371 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: 19 July 2017