A1 Green Garden Pty Ltd v Parramatta City Council

[2018] NSWLEC 1561

Land and Environment Court

New South Wales

Medium Neutral Citation:	A1 Green Garden Pty Ltd v Parramatta City Council [2018] NSWLEC 1561
Hearing dates:	Conciliation conference on 19 October 2018
Date of orders:	19 October 2018
Decision date:	19 October 2018
Jurisdiction:	Class 1
Before:	Bish 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:	A1 Green Garden Pty Ltd (Applicant) Parramatta City Council (Respondent)
Representation:	Solicitors: V Conomos, Conomos Legal (Applicant) A Gough, Storey & Gough (Respondent)
File Number(s):	2017/385062
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The Applicant is given leave to amend the development application and rely upon the following:

1. Amended Architectural plans as follows:

No	Rev	Title	Author	Date
A 1030	C	Streetscape Analysis	Ghazi Al Ali Architects	09/07/2018
A 1201	C	Basement 01	Ghazi Al Ali Architects	09/07/2018
A 1202	C	Ground Floor	Ghazi Al Ali Architects	09/07/2018
A 1203	C	Level 01	Ghazi Al Ali Architects	09/07/2018
A 1204	C	Level 02	Ghazi Al Ali Architects	09/07/2018
A 1205	C	Level 03	Ghazi Al Ali Architects	09/07/2018
A 1206	C	Level 04	Ghazi Al Ali Architects	09/07/2018
A 1207	C	Roof	Ghazi Al Ali Architects	09/07/2018
A 1210	C	Pre and Post Adaptable	Ghazi Al Ali Architects	09/07/2018
A 1301	C	Elevations	Ghazi Al Ali Architects	09/07/2018
A 1302	C	Elevations	Ghazi Al Ali Architects	09/07/2018
A 1401	C	Section AA	Ghazi Al Ali Architects	09/07/2018
A 1402	C	Section BB	Ghazi Al Ali Architects	09/07/2018
A 1403	C	Street Section and Perspective	Ghazi Al Ali Architects	09/07/2018
A 2201	C	Material Schedule	Ghazi Al Ali Architects	09/07/2018
A 2202	C	Material Schedule	Ghazi Al Ali Architects	09/07/2018
A 2001	C	Infill Affordable Housing	Ghazi Al Ali Architects	09/07/2018

2. Nathers Certificate No. 0002977370 prepared by Eco Certificates Pty Ltd dated 19 July 2018

3. Amended Clause 4.6 Exception to Height of Buildings prepared by Morphology Design Associates Pty Ltd dated June 2018

4. SEPP 65 Design Verification Statement prepared by Ghazi Al Ali Architects undated.

5. BASIX Certificate No. 945159M prepared by Eco Certificates Pty Ltd dated 19 July 2018

6. Accessibility report prepared by Design Right Consulting Pty Ltd dated 26 June 2018

7. Traffic and Parking Design Statement report prepared by PDC Consultants dated 26 June 2018

2. The Applicant to pay the Respondent’s costs thrown away as a result of the amended development application pursuant to s. 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed.

3. The appeal is upheld.

4. Development consent is granted to Development application DEV/729/2017 lodged with Council on 23 August 2017 seeking demolition of all structures and construction of a residential flat building at 2-6 Paul Place & 4 Tanderra Avenue, subject to the condition set out in at Annexure ‘A’ to this agreement.

……………………….

Sarah Bish

Commissioner of the Court

Annexure A (487 KB, pdf)

Plans (11.9 MB, pdf)