Circosta v Lane Cove Council

[2018] NSWLEC 1473

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Circosta v Lane Cove Council [2018] NSWLEC 1473
Hearing dates:	Conciliation conference on 22 & 31 August 2018
Date of orders:	03 September 2018
Decision date:	03 September 2018
Jurisdiction:	Class 1
Before:	Bish 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:	Caitriona Maria Circosta (Applicant) Lane Cove Council (Respondent)
Representation:	Solicitors: J Wauchope, Dentons Australia Pty Ltd (Applicant) A Seton, Marsdens Law Group (Respondent)
File Number(s):	2018/ 61105
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 Development Application No. 155/2017 and to rely upon the following amended plans and documents:

DRAWING	DESCRIPTION	PREPARED BY	REV	DATE
DA 1.00	Cover Sheet	Design Studio Group	C	23.08.18
DA 1.01	Site / Roof Plan Site Analysis	Design Studio Group	B	23.08.18
DA 1.02	Demolition Plan	Design Studio Group	B	23.08.18
DA 2.01	Proposed Level 2 Floor Plan	Design Studio Group	D	23.08.18
DA 2.02	Proposed Level 1 Floor Plan	Design Studio Group	D	23.08.18
DA 2.03	Proposed Basement Floor Plan	Design Studio Group	D	23.08.18
DA 2.04	Level 2 GFA Floor Plan	Design Studio Group	D	23.08.18
DA 2.05	Level 1 GFA Floor Plan	Design Studio Group	D	23.08.18
DA 2.06	Basement GFA Floor Plan	Design Studio Group	D	23.08.18
DA 3.01	South East Elevation	Design Studio Group	C	23.08.18
DA 3.02	South West Elevation	Design Studio Group	C	23.08.18
DA 3.03	North West Elevation	Design Studio Group	C	23.08.18
DA 3.04	North East Elevation	Design Studio Group	C	23.08.18
DA 4.01	Section A-A	Design Studio Group	C	23.08.18
DA 5.01	Shadows 21st June 9am	Design Studio Group	B	23.08.18
DA 5.02	Shadows 21st June 12noon	Design Studio Group	B	23.08.18
DA 5.03	Shadows 21st June 3pm	Design Studio Group	B	23.08.18
8530DU	Plan Showing Details and Levels Over Lot 2 in DP 305051 at No.60 Lucretia Avenue, Longueville (Sheet 1 of 1)	True North Surveys	16.03.17
01	Landscape Concept Plan	Landscaping By Design Pty Ltd	F	23.08.18

DOCUMENT	PREPARED BY	REV	DATE
BASIX Certificate No. 848635S	Frys Energywise	28 August 2018
External Finishes Schedule	Design Studio Group	A	23 August 2018

2. The appeal is upheld.

3. Development consent is granted to Development Application No. 155/2017 seeking consent for the demolition of an existing dwelling house, carport and some retaining walls, bulk site excavation within the building footprint to establish the basement level and surrounding building to create a rear yard on grade with the basement level, and construction of a two storey dwelling house plus basement with attached 3 car garage, internal lift, in-ground swimming pool, retaining walls and associated landscaping on the land at 60 Lucretia Avenue, Longueville subject to the conditions of consent annexed hereto and marked “A”.

……………………….

Sarah Bish

Commissioner of the Court

Annexure A - Slip Rule (263 KB, pdf)

Amendments

13 September 2018 - Pursuant to UCPR 36.17, the slip rule, by consent of the parties, amend orders of 3 September 2018 so that Condition 18 in Annexure “A” now reads:
“18. Check Survey: A check survey certificate is to be submitted at the completion of:-

a) Basement level - 6.4m RL
b) Pool concourse level - 6.20 RL
c) Ground floor level - 9.5 RL
d) First floor level - 12.60 RL
e) The roof framing; and
f) Excavation of paving and backyard area – 6.40 RL
g) The completion of works.

Note: All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum.

Reason: To ensure that the development is in accordance with the determination.”