Bina Pty Ltd v City of Parramatta Council

[2017] NSWLEC 1635

Land and Environment Court

New South Wales

Medium Neutral Citation:	Bina Pty Ltd v City of Parramatta Council [2017] NSWLEC 1635
Hearing dates:	Conciliation conference on 10 November 2017
Date of orders:	10 November 2017
Decision date:	10 November 2017
Jurisdiction:	Class 1
Before:	Dixon 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:	Bina Pty Ltd (Applicant) City of Parramatta Council (Respondent)
Representation:	Solicitor: Mr P Saab, Macquarie Lawyers (Applicant) Mr C Campbell, Sparke Helmore (Respondent)
File Number(s):	2017/145227
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 given leave to amend the development application by substituting the following plans and documentation as the plans and documentation relied upon for the purpose of the development application:

Drawing No.	Prepared By	Dated
Site Analysis, Drawing No. DA01, Issue D.	Architex	21 September 2016
Site Details & Waste Management Details, Drawing No. DA14, Issue M.	Architex	13 October 2017
Roof Level Plan, Drawing No. DA08, Issue L.	Architex	12 October 2017
West, East and North Elevation, Drawing No. DA09, Issue L.	Architex	12 October 2017
South Elevation, Drawing No. DA10, Issue L.	Architex	12 October 2017
Basement 1 Floor Plan, Drawing No. DA02, Issue L.	Architex	12 October 2017
Basement 2 Floor Plan, Drawing No. DA03, Issue L.	Architex	12 October 2017
Ground Floor Plan, Drawing No.DA04, Issue L.	Architex	12 October 2017
Level 1 and 2 Floor Plans, Drawing No.DA05, Issue L.	Architex	12 October 2017
Level 3 and 4 Floor Plans, Drawing No.DA06, Issue L.	Architex	12 October 2017
Level 5 Floor Plans, Drawing No.DA07, Issue L.	Architex	12 October 2017
Sections AA, Drawing No.11, Issue D.	Architex	12 October 2017
Typical Unit Layouts, Drawing No. DA12, Issue M.	Architex	13 October 2017
Post Adaptable Layout, Drawing No. DA13, Issue M.	Architex	13 October 2017
Ground Floor Stormwater Drainage Plan, Drawing No. D04, issue F.	ACE	9 October 2017
Basement 2 Stormwater Drainage Plan and Details, Drawing No. D02, issue C.	ACE	9 October 2017
Basement 1 Stormwater Drainage Plan and Details, Drawing No. D03, issue C.	ACE	9 October 2017
Stormwater Drainage Sections and Details, Drawing No. D10, Revision F.	ACE	9 October 2016
Landscape Plan, Drawing No. L-01, issue D.	Landscape Architects	6 November 2017
Landscape Plan, Drawing No. L-02, issue D	Landscape Architects	6 November 2017
Erosion and Sediment Control Plan and Details, Drawing No. D01, Revision A.	ACE	17 December 2015
Swept Paths (4 pages)	Bitzios	11 October 2017
Document(s)	Prepared By	Dated
Structural Report	Australian Consulting Engineers	8 July 2016
Geotechnical Report	Geotechnique Pty Ltd	30 May 2016
Waste Management Plan	Architex	18 November 2015
Finishes Schedule	Architex	Undated
SEPP 65 Design report	Architex	18 November 2015
BASIX Certificate No.687392M_3	BASIX	17 October 2017
BASIX Assessment Report No. ES20151116_00	ESD Synergy	17 October 2017
Traffic Report	Bitzios	10 December 2015
Acoustic report	Koikas Acoustics Pty Ltd	22 December 2015
Access Report	PSE Access Consulting	15 December 2015
Arborist Report	Redgum	11 December 2015
General Terms of Approval – Sydney Trains	Transport Sydney Trains	22 December 2016

2. The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979 as agreed or assessed.

3. The Applicant’s written request submitted pursuant to clause 4.3(2) of the Parramatta Local Environmental Plan 2011 in relation to the contravention of the development standard for height in clause 4.3(2) of Parramatta Local Environmental Plan 2011 is accepted, and the request to contravene the development standard in clause 4.3(2) is upheld

4. The appeal is upheld.

5. Development consent is granted to Development Application No. DA/21/2016 for the demolition, tree removal and the construction of a six storey residential flat building containing 26 units above basement parking on the land described in folio identifiers CP/SP58726, 1/SP58726, 2/SP58726, 3/SP58726, and 4/SP58726, with a street address of as 34 Station Street Dundas, subject to the conditions of consent annexed hereto and marked “A”.

……………………….

Commissioner Dixon

145227.17 Dixon - Annexure A (346 KB, pdf)

145227.17 Dixon - Attachment 1 (Drawing) to Conditions (3.12 MB, pdf)