Victor Lahoud v Ku-ring-gai Council [2017] NSWLEC 1428

Land and Environment Court New South Wales

Medium Neutral Citation: Victor Lahoud v Ku-ring-gai Council [2017] NSWLEC 1428 Hearing dates: Conciliation Conference on 08 August 2017 Date of orders: 08 August 2017 Decision date: 08 August 2017 Jurisdiction: Class 1 Before: Dickson C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Victor Lahoud (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: Mr M Staunton (Applicant) Dr J Smith (Respondent)

Mr A Gough (Solicitor) (Applicant) Mr J B Hones (Solicitor) (Respondent) File Number(s): 64797 of 2017 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 appeal is upheld. 2. Development Application No. DA0516.16 for the demolition of the existing dwelling and swimming pool and construction of a new dwelling and swimming pool at 42 Northcote Avenue, Killara is approved subject to the conditions contained in Annexure "A". ……………. D M Dickson Commissioner 64797.17 (Annexure A) (300 KB, pdf) 64797.17 (Site Roof Plan) (385 KB, pdf) 64797.17 (Ground Floor Plan) (1.00e+3 KB, pdf)