Land and Environment Court New South Wales Medium Neutral Citation: Nathan Carlini v Canterbury Bankstown Council [2018] NSWLEC 1156 Hearing dates: Conciliation conference on 22 & 23 February, 12, 19 & 26 March 2018 Date of orders: 27 March 2018 Decision date: 27 March 2018 Jurisdiction: Class 1 Before: Gray 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: Nathan Carlini(Applicant) Canterbury Bankstown Council(Respondent) Representation: Solicitors: Mr P. Rigg, Peter R Rigg (Applicant) Mr A. Seton, Marsdens Law Group (Respondent) File Number(s): 2017/251912 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-162/2017 and to rely upon the following amended plans: Dwg / Document number Plan Name Prepared By Date S34 001 Issue B Site Plan /Roof Plan Cracknell & Lonergan 12 March 2018 S34 101 Issue B Ground Floor Plan Cracknell & Lonergan 12 March 2018 S34 201 Issue B Eastern and Western Elevations Cracknell & Lonergan 12 March 2018 S34 202 Section and north and south elevations Cracknell & Lonergan 12 March 2018 D01 Rev C Stormwater Management and Soil & Water Management Plan iStruct Consulting Engineers 5 March 2018 1. The appeal is upheld. 2. Development Application No. DA-162/2017 (as amended) for the demolition of an existing garage and construction of a new single garage with attached secondary dwelling located on the ground floor and first floor on Lot 1 in DP 171175 (otherwise known as 38 Third Street, Ashbury) is approved subject to the conditions in Annexure "A". ………………………. Commissioner Gray Land & Environment Court of NSW Annexure A (C) Annexure B (Plans) 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: 27 March 2018