Aoun v Canterbury-Bankstown Council [2018] NSWLEC 1070

Land and Environment Court New South Wales

Medium Neutral Citation: Aoun v Canterbury-Bankstown Council [2018] NSWLEC 1070 Hearing dates: Conciliation conference on 15 November, 7 and 19 December 2017, 24 January, 1 and 9 February 2018 Date of orders: 15 February 2018 Decision date: 15 February 2018 Jurisdiction: Class 1 Before: Gray C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION – six storey mixed use development - conciliation conference - agreement between the parties - orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Anis Aoun (First Applicant) Diane Aoun (Second Applicant) City of Canterbury-Bankstown Council (Respondent) Representation: Solicitor: Dennis Loether, Bartier Perry (Applicant) Peter Jackson, Pikes & Verekers Lawyers (Respondent) File Number(s): 2017/207086 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 granted leave to amend Development Application No. DA-505/2016 and to rely upon the following amended plans and documents: Plan Reference. Prepared by Date S34-000 – Cover Sheet (Revision 03) Bureau SRH Architecture 15 December 2017 S34-104 – Site + Roof Plan (Revision 03) Bureau SRH Architecture 19 December 2017 S34-105 – Basement Floor (Revision 03) Bureau SRH Architecture 19 December 2017 S34-106 – Ground Floor (Revision 03) Bureau SRH Architecture 19 December 2017 S34-107 – First Floor Plan (Revision 05) Bureau SRH Architecture 18 January 2018 S34-108 – Second Floor Plan (Revision 05) Bureau SRH Architecture 18 January 2018 S34-109 – Third Floor Plan (Revision 05) Bureau SRH Architecture 18 January 2018 S34-110 – Fourth Floor Plan (Revision 05) Bureau SRH Architecture 18 January 2018 S34-111 – Terrace Plan (Revision 05) Bureau SRH Architecture 18 January 2018 S34-120 – Shadow Diagrams June 21st 9am (Revision 04) Bureau SRH Architecture 18 January 2018 S34-121 – Shadow Diagrams June 21st 12pm (Revision 04) Bureau SRH Architecture 18 January 2018 S34-122 – Shadow Diagrams June 21st 3pm (Revision 04) Bureau SRH Architecture 18 January 2018 S34-150 – ADG Solar Calculations (Revision 04) Bureau SRH Architecture 19 December 2017 S34-151 – ADG Solar Calculations (Revision 03) Bureau SRH Architecture 19 December 2017 S34-152 – ADG Cross Ventilation (Revision 03) Bureau SRH Architecture 19 December 2017 S34-153 – ADG Solar Calculations 9am (Revision 02) Bureau SRH Architecture 19 December 2017 S34-154 – ADG Solar Calculations 10am (Revision 02) Bureau SRH Architecture 19 December 2017 S34-155 – ADG Solar Calculations 11am (Revision 02) Bureau SRH Architecture 19 December 2017 S34-156 – ADG Solar Calculations 12pm (Revision 02) Bureau SRH Architecture 19 December 2017 S34-157 – ADG Solar Calculations 1pm (Revision 02) Bureau SRH Architecture 19 December 2017 S34-158 – ADG Solar Calculations 2pm (Revision 02) Bureau SRH Architecture 19 December 2017 S34-159 – ADG Solar Calculations 3pm (Revision 02) Bureau SRH Architecture 19 December 2017 S34-200 – E + S Elevations (Revision 03) Bureau SRH Architecture 18 January 2018 S34-201 – N + W Elevations (Revision 04) Bureau SRH Architecture 18 January 2018 S34-300 – Sections (Revision 04) Bureau SRH Architecture 24 January 2018 S34-301 – Sections (Revision 04) Bureau SRH Architecture 19 December 2017 S34-302 – Sections (Revision 01) Bureau SRH Architecture 6 February 2018 17083 – Materials Board (Revision 01) Bureau SRH Architecture 30 October 2017 L01/2-K21317 – Landscape Planting Plan 1/2 (Revision C) Michael Siu Landscape Architects 27 November 2017 L02/2-K21317 – Landscape Planting Plan 2/2 (Revision C) Michael Siu Landscape Architects 27 November 2017 1749-S1/7 – Stormwater Drainage / Sediment Control Details (Revision D) John Romanous & Associates Pty Ltd 20 October 2017 1749-S2/7 – Stormwater Drainage / Sediment Control Details (Revision D) John Romanous & Associates Pty Ltd 20 October 2017 1749-S3/7 – Stormwater Drainage / Sediment Control Details (Revision D) John Romanous & Associates Pty Ltd 20 October 2017 1749-S4/7 – Stormwater Drainage / Sediment Control Details (Revision D) John Romanous & Associates Pty Ltd 20 October 2017 1749-S5/7 – Stormwater Drainage / Sediment Control Details (Revision D) John Romanous & Associates Pty Ltd 20 October 2017 1749-S6/7 – Stormwater Drainage / Sediment Control Details (Revision D) John Romanous & Associates Pty Ltd 20 October 2017 1749-S7/7 – Stormwater Drainage / Sediment Control Details (Revision D) John Romanous & Associates Pty Ltd 20 October 2017 Document Prepared by Date BASIX Certificate No. 765902M_02 Greenworld Architectural Drafting 14 December 2017