Kharzoo v Inner West Council [2017] NSWLEC 1717

Land and Environment Court New South Wales

Medium Neutral Citation: Kharzoo v Inner West Council [2017] NSWLEC 1717 Hearing dates: Conciliation conference on 12 December 2017 Date of orders: 14 December 2017 Decision date: 14 December 2017 Jurisdiction: Class 1 Before: Dickson C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; alterations and additions; new garage and dwelling to the rear; subdivision; amended plans; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Robert Kharzoo (Applicant) Inner West Council (Respondent) Representation: Solicitor: Ms Saw, Barrister (Applicant) Mr Turner, Inner West Council (Respondent) File Number(s): 2017/232284 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal, under s97(1) of the Environmental Planning and Assessment Act 1979, against Council's refusal of development application number D/2016/569. The application seeks approval for alterations and additions to the existing dwelling at 12 Llewellyn Street, the construction of a new garage with dwelling over fronting Beattie Street and subdivision into two allotments. The development is proposed at 12 Llewellyn Street, Balmain. 2. 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". 3. 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. 4. 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. 5. 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 in respect of the property known as 12 Llewellyn Street, Balmain or Lot 50 in Deposited Plan 2821 and Lot 51 in Deposited Plan 2821, is upheld. 2. Development application Council reference D/2016/569 for alterations and additions to the existing dwelling including associated landscaping, tree removal, construction of new garage and dwelling over at the rear of the site, and subdivision to create two Torrens title allotments, is approved subject to the conditions contained in Annexure "A" hereto. ……………. D M Dickson Commissioner of the Court Annexure A (C) (286 KB, pdf) Annexure B (Plans) (7.21 MB, 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: 14 December 2017