Pekic v City of Parramatta Council [2019] NSWLEC 1376

Land and Environment Court New South Wales

Medium Neutral Citation: Pekic v City of Parramatta Council [2019] NSWLEC 1376 Hearing dates: Conciliation conference on 8 August 2019 Date of orders: 13 August 2019 Decision date: 13 August 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) Leave is granted to the Applicant to rely upon the amended architectural plans listed in Condition 1 at Annexure A. (2) The appeal in respect of the property known as 17 Rawson Street, Epping, is upheld. (3) Development Application No. 658/2018 for alterations and additions to an existing dwelling at 17 Rawson Street, Epping, is approved, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Parramatta Local Environmental Plan 2011 Texts Cited: Parramatta Development Control Plan 2011 Category: Principal judgment Parties: Dejan Pekic (First Applicant) Patricia Raffaella Pekic (Second Applicant) City of Parramatta Council (Respondent) Representation: Solicitors: A Gough, Storey & Gough Lawyers (Applicants) J Ede, Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2018/379964 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 658/2018 for alterations and additions to the existing dwelling (the proposal) at 17 Rawson Street, Epping (the site) by the City of Parramatta Council (the Council). 2. The Court arranged a conciliation conference under s 34AA of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 8 August 2019. I presided over the conciliation conference. 3. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. 4. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision, if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application. 5. There are jurisdictional prerequisites that must be satisfied before this function can be exercised, pursuant to cl 5.10(4) of the Parramatta Local Environmental Plan 2011 (LEP 2011).