Bureau SRH Pty Ltd trading as Bureau SRH Architecture v City of Ryde Council

[2018] NSWLEC 1345

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Bureau SRH Pty Ltd trading as Bureau SRH Architecture v City of Ryde Council [2018] NSWLEC 1345
Hearing dates:	Conciliation conference on 28 June 2018
Date of orders:	05 July 2018
Decision date:	05 July 2018
Jurisdiction:	Class 1
Before:	Blakely AC
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:	Bureau SRH Pty Ltd trading as Bureau SRH Architecture (Applicant) City of Ryde Council (Respondent)
Representation:	Solicitors: M Peatman, Hunt & Hunt Lawyers (Applicant) P Kapetas, Council of the City of Ryde (Respondent)
File Number(s):	2017/384741
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 granted leave to amend the development application and rely upon the following amended plans, contained at Annexure "A":

#	Plan/Report No.		Plan/Document	Revision for Final Amended DA Submission
Architectural Plans
1.	Plan DA 000		Title Page	Revision 4 dated 05/04/2018
1.	Plan DA 001		Demolition	Revision 2 dated 15/08/2017
2.	Plan DA 002		Subdivision	Revision 2 dated 15/08/2017
3.	Plan DA 100		Site Plan/Site Analysis	Revision 4 dated 05/04/2018
4.	Plan DA 101		Basement Level 03 + 02	Revision 3 dated 05/04/2018
5.	Plan DA 102		Basement Level 01 + Ground Floor	Revision 6 dated 21/06/2018
6.	Plan DA 103		Level 1 + Level 2	Revision 5 dated 06/06/2018
7.	Plan DA 104		Level 3 + Level 4	Revision 5 dated 06/06/2018
8.	Plan DA 105		Level 5 + Level 6	Revision 6 dated 21/06/2018
9.	Plan DA 106		Roof Plan + Post Adaptable Layouts	Revision 4 dated 05/04/2018
10.	Plan DA 120		Shadow diagram winter solstice	Revision 2 dated 21/06/2018
11.	Plan DA 121		Shadow diagram spring equinox	Revision 2 dated 21/06/2018
12.	Plan DA 150		Area calculation/control table	Revision 4 dated 21/06/2018
13.	Plan DA 200		Streetscape elevations	Revision 4 dated 05/04/2018
14.	Plan DA 201		Elevations	Revision 5 dated 21/06/2018
15.	Plan DA 202		Elevations	Revision 3 dated 06/06/2018
16.	Plan DA 301		Sections	Revision 4 dated 05/04/2018
17.	Plan DA 401		Views from the Sun	Revision 2 dated 21/06/2018
18.	Photomontage		View from corner of Pope & Smith Street	Revision C, dated 06/06/2018
19.	Photomontage		View from Top Ryde Shopping Centre	Revision C, dated 06/06/2018
20.	Photomontage		View from Smith Street	Revision C, dated 06/06/2018
21.	Photomontage		View from Pope Street	Revision C, dated 06/06/2018
22.	Photomontage		View from Pope Street	Revision C, dated 06/06/2018
23.	Plan 16218 DA 1 of 2 and 2 of 2		Landscape Plan	Revision C dated 16/08/2017
Further documents
24.	Amended Statement of Environmental Effects prepared by Michael Brewer of Willana Associates			April 2018
25.	Amended Clause 4.6 Subdivision prepared by Michael Brewer of Willana Associates			April 2018
26.	Urban Design statement prepared by Rohan Dickson of AE Design Partnership			May 2018
Stormwater Plans
27.	Drawing No. C00.01	General Notes		Issue B, dated 21 December 2016
28.	Drawing No. C01.01	Roof Drainage, sediment erosion control plan		Issue B, dated 21 December 2016
29.	Drawing No. C02.01	Stormwater Drainage Plan		Issue B, dated 21 December 2016
30.	Drawing No. C03.01	Basement 1 Stormwater Drainage Plan		Issue B, dated 21 December 2016
31.	Drawing No. C03.02	Basement 2 Stormwater Drainage Plan		Issue B, dated 21 December 2016
32.	Drawing No. C03.03	Stormwater Details Sheet 1		Issue B, dated 21 December 2016
33.	Drawing No. C03.04	Stormwater Details Sheet 2		Issue B, dated 21 December 2016
Survey Plan
34.	Survey Plan prepared by Norton Survey Partners			27 May 2016

2. The appeal in respect of Lot 4 DP 5558 and Lot 1 DP 178305, being 2 Smith Street and 10 Pope Street, Ryde, is upheld.

3. Development Application DA-2017/0014 for the for the demolition of the existing building and construction of new premises comprising of residential and commercial tenancies, is approved subject to conditions contained in Annexure "B".

4. The Applicant is pay the Respondent's costs thrown away by reason of the amended plans pursuant to section 8.15(3) of the Environmental Planning and Assessment at 1979 as agreed or assessed.

……………………….

Edward Blakely

Acting Commissioner of the Court

Annexure A (14.4 MB, pdf)

Annexure B (653 KB, pdf)

Amendments

10 July 2018 - Correction to date of orders