Bilal El Samman v Sutherland Shire Council [2017] NSWLEC 1637

Land and Environment Court New South Wales

Medium Neutral Citation: Bilal El Samman v Sutherland Shire Council [2017] NSWLEC 1637 Hearing dates: Conciliation conference on 10 November 2017 Date of orders: 10 November 2017 Decision date: 10 November 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: Bilal El Samman (Applicant) Sutherland Shire Council (Respondent) Representation: Solicitor: Mr V Conomos, Conomos Legal (Applicant) Ms J Amy, Sutherland Shire Council (Respondent) File Number(s): 2017/300507 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. The s95A application dated 7 August 2017 seeking a one (1) year extension to 20 January 2019 to satisfy the deferred commencement conditions 1 – 5 for DA 15/0976 is approved and the updated conditions of consent are contained at annexure A. ………………………. Commissioner Dixon 300507.17 Dixon - Annexure A (425 KB, pdf)