CC United Developments Pty Ltd v Canterbury-Bankstown Council

[2017] NSWLEC 1389

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	CC United Developments Pty Ltd v Canterbury-Bankstown Council [2017] NSWLEC 1389
Hearing dates:	Conciliation conference on 21 July 2017
Date of orders:	21 July 2017
Decision date:	21 July 2017
Jurisdiction:	Class 1
Before:	Gray C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION – shop top housing - conciliation conference - agreement between the parties - orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	CC United Developments Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent)
Representation:	Solicitor: Ms E Fleming, SWAAB Attorneys (Applicant) Ms J Corradini-Bird, Marsdens (Respondent)
File Number(s):	2016/360387
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 upon the following amended material:

BASIX Certificate No. 620407M_02

2. The Applicant's cl.4.6 written request to vary the height limit is upheld.

3. The Applicant is to pay the Respondent's costs under s.97B of the Environmental Planning Assessment Act 1979 as agreed or assessed.

4. The appeal is upheld.

5. Deferred commencement consent is granted to Development Application No. DA-604/2015 for the demolition of existing structures (retaining two facades) on the five allotments legally known as Lots A and B in DP 397551, Lots A and B in DP 386670 and Lot A in DP 175217, and the construction of a four storey shop top housing development consisting of commercial tenancies on the ground floor and 31 residential units above, including two level basement parking and landscaping works on land known as 11-17A Burwood Road, Belfield subject to the conditions at Annexure A.

……………………….

Commissioner Gray

360387.16 Gray - Plans (7.41 MB, pdf)

360387.16 Gray (C) (309 KB, pdf)

Amendments

21 July 2017 - Uploaded conditions

Decision last updated: 21 July 2017