Samir Alzaidi v Campbelltown City Council [2017] NSWLEC 1579

Land and Environment Court New South Wales

Medium Neutral Citation: Samir Alzaidi v Campbelltown City Council [2017] NSWLEC 1579 Hearing dates: Conciliation conference on 18 September and 6 October 2017 Date of orders: 13 October 2017 Decision date: 13 October 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 Alzaidi (Applicant) Campbelltown City Council (Respondent) Representation: Solicitors: Mr S Patterson, Wilshire Webb Staunton Beattie (Applicant) Mr A Seton, Marsdens Law Group (Respondent) File Number(s): 2017/148053 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. Leave is granted to rely on the following documents that are the subject of Development Application No. DA-2750/2015/DA-BH: Plan No. Plan Name Issue Prepared by Date AR-1 Site and Roof Plan Council submission NK Architect 25/09/2017 AR-2 Existing Floor Plans Council Submission NK Architect 25/09/2017 AR-3 Ground Floor Plan Council Submission NK Architect 25/09/2017 AR-4 Elevations Council Submission NK Architect 25/09/2017 AR-5 Sections Council Submission NK Architect 25/09/2017 AR-6 Accessible WC and Shower Detail Council Submission NK Architect 25/09/2017 AR-7 Accessible WC and Shower Detail 2 Council Submission NK Architect 25/09/2017 AR-8 Site Analysis Council Submission NK Architect 25/09/2017 AR-9 Stormwater Concept Council Submission NK Architect 25/09/2017