Architecture Design Studio Pty Ltd v City of Parramatta Council

[2017] NSWLEC 1237

Land and Environment Court

New South Wales

Medium Neutral Citation:	Architecture Design Studio Pty Ltd v City of Parramatta Council [2017] NSWLEC 1237
Hearing dates:	Conciliation Conference 5 May 2017
Date of orders:	12 May 2017
Decision date:	12 May 2017
Jurisdiction:	Class 1
Before:	Martin SC
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:	Architecture Design Studio Pty Ltd (Applicant) City of Parramatta Council (Respondent)
Representation:	Solicitors: M Sonter, Mills Oakley (Applicant) A Seton, Marsdens (Respondent)
File Number(s):	2016/297552
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 rely on the amended plans and documents as referred to in the conditions of consent contained in Annexure "A".

2. In accordance with section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as agreed or assessed.

3. The appeal is upheld.

4. Development Application DA/51/2016 for the demolition of existing structures, consolidation of 2 lots and construction of a mixed use development with basement parking at 8 – 10 Evans Road, Telopea is approved subject to the conditions contained in Annexure "A".

…………….

Rosemary Martin

Senior Commissioner

297552.16 Annexure A (C) (150 KB, pdf)

297552.16 Plans (2.65 MB, pdf)