Bechara v Marrickville Council

Land and Environment Court New South Wales Medium Neutral Citation: Bechara v Marrickville Council [2015] NSWLEC 1544 Hearing dates:Conciliation conference on 12 October 2015Date of orders: 23 December 2015 Decision date: 23 December 2015 Jurisdiction:Class 1Before: Pearson C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: alterations and additions to existing dwelling and use as a boarding house: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Samir Bechara (Applicant) Marrickville Council (Respondent) Representation: Counsel: Mr A Pickles SC (Applicant) Solicitors: Mr P Tohme, Greenaway & Tohme (Applicant) Mr G Christmas, Apex Planning and Environmental Law (Respondent) File Number(s):10600 of 2015Publication restriction:NilJudgment 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”. 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. In making the orders to give effect...