Bureau SRH Pty Ltd trading as Bureau SRH Architecture v City of Ryde Council
[2018] NSWLEC 1345
•05 July 2018
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
-
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 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.
-
The final orders to give effect to the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979 are:
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
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.
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".
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
Decision last updated: 10 July 2018
0
0
1