Al Maaliki v Canterbury-Bankstown Council [2018] NSWLEC 1098

Land and Environment Court New South Wales

Medium Neutral Citation: Al Maaliki v Canterbury-Bankstown Council [2018] NSWLEC 1098 Hearing dates: Conciliation conference on 2, 15 and 20 February 2018 Date of orders: 27 February 2018 Decision date: 27 February 2018 Jurisdiction: Class 1 Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: demolition of existing structures and construction of a three and four storey boarding house; conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Abu Bassan Al Maaliki (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Solicitors: Mr G McKee, McKees Legal Solutions (Applicant) Ms P Hudson, Marsdens Law Group (Respondent) File Number(s): 2017/285400 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal against the refusal of Development Application No. DA-79/2017 demolition of existing structures and construction of a three and four storey boarding house comprising 47 rooms (including manager's room) with basement car spaces at 11-13 Colin Street Lakemba. 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 applicant is granted leave to amend their development application in accordance with the plans referred to in Condition 1 of Annexure "A". 2. The Appeal is upheld. 3. Development Application No. DA-79/2017 demolition of existing structures and construction of a three and four storey boarding house comprising 47 rooms (including manager's room) with basement car spaces is approved subject to the conditions set out in Annexure "A" to this agreement. 4. The Applicant is to pay the Respondent's costs arising under s97B of the Environmental Planning and Assessment Act 1979 in the amount of $4,000.00 payable in 14 days from the date of this agreement. ………………………. Graham Brown Commissioner of the Court Annexure A (135 KB, 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: 28 February 2018