Land and Environment Court
New South Wales
Medium Neutral Citation: City Projects and Developments Pty Ltd v Canterbury-Bankstown Council [2017] NSWLEC 1568 Hearing dates: Conciliation conference on 21 August and 12 September 2017 Date of orders: 09 October 2017 Decision date: 09 October 2017 Jurisdiction: Class 1 Before: Martin SC 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: City Projects and Developments Pty Ltd (Applicant)
Canterbury-Bankstown Council (Respondent)Representation: Solicitors:
Mr G Christmas, Apex Planning and Environment Law (Applicant)
Mr A Seton, Marsdens Law Group(Respondent)
File Number(s): 2017/119765 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 s34(3) of the Land and Environment Court Act 1979 are:
The appeal is upheld.
The Applicant is granted leave to amend Development Application No. DA-406/2016 and to rely upon the following amended plans and documents:
Drawing Number
Drawing Title
Revision
Prepared By
Dated
A-012
Site Plan
C
City Projects & Developments Pty Ltd
28.08.2017
A-102
Basement 2 Plan
D
City Projects & Developments Pty Ltd
28.08.2017
A-103
Basement 1 Plan
D
City Projects & Developments Pty Ltd
28.08.2017
A-104
Ground Level Plan
F
City Projects & Developments Pty Ltd
14.09.2017
A-107
Level 3 Plan
D
City Projects & Developments Pty Ltd
25.08.2017
A-108
Level 4 Plan
D
City Projects & Developments Pty Ltd
25.08.2017
A-110
Roof Plan
D
City Projects & Developments Pty Ltd
25.08.2017
A-201
North Elevation
D
City Projects & Developments Pty Ltd
28.08.2017
A-202
West Elevation
D
City Projects & Developments Pty Ltd
28.08.2017
A-203
South Elevation
D
City Projects & Developments Pty Ltd
28.08.2017
A-204
East Elevation
D
City Projects & Developments Pty Ltd
28.08.2017
A-251
Section A
D
City Projects & Developments Pty Ltd
28.08.2017
A-252
Section B
D
City Projects & Developments Pty Ltd
28.08.2017
A-253
Ramp Section C
D
City Projects & Developments Pty Ltd
28.08.2017
A-302
Adaptable Units Plan
C
City Projects & Developments Pty Ltd
28.08.2017
A-410
Communal Space Diagram - 1
A
City Projects & Developments Pty Ltd
07.08.2017
A-411
Communal Space Diagram – 2
B
City Projects & Developments Pty Ltd
28.08.2017
A-501
Finishes Schedule
C
City Projects & Developments Pty Ltd
28.08.2017
Doc No.
Document Name
Revision
Prepared By
Dated
-
Preliminary Site Investigation
-
STS GeoEnvironmental
April 2017
SK.01
Swept Path Analysis Option 2 B99 Vehicle with modified median
C
TRAFFIX
13 September 2017
749723M_02
BASIX Certificate
-
-
15 September 2017
The Applicant is to pay the Respondent’s costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979, as agreed or assessed.
Development Application No. DA-406/2016 demolition of existing structures and construction of a 5 storey mixed use development containing 2 ground floor tenancies and 66 residential units over 2 levels of basement car parking on Lots 45-49 in Deposited Plan 12280, otherwise known as 1552-1560 Canterbury Road, Punchbowl, be approved subject to the conditions contained at Annexure “A”.
……………………….
Rosemary Martin
Senior Commissioner
Annexure A (C) (362 KB, pdf)
- AGLC
- City Projects and Developments Pty Ltd v Canterbury-Bankstown Council [2017] NSWLEC 1568
- Case
- [2017] NSWLEC 1568
- Decision Date
CaseChat Overview and Summary
The court examined the legal principles surrounding standing and the grounds for review of the Council's decision. The court held that City Projects had standing as the decision was indirectly adverse, affecting their potential development plans. Regarding the grounds for review, the court assessed whether the Council's decision was based on relevant considerations, took into account irrelevant matters, or was otherwise unlawful. The court found that the Council had failed to properly consider certain statutory requirements and had acted outside its statutory powers.
Ultimately, the court quashed the Council's decision and remitted the matter back for reconsideration. The court found that the Council's decision was legally flawed and had not properly applied the relevant legislative framework. The Council was directed to reconsider the application, taking into account all relevant statutory requirements and considerations. City Projects was granted the relief it sought, allowing it to pursue its development plans subject to the outcome of the re-evaluation.
Orders
Orders of the court
See (4) below
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.