City Projects and Developments Pty Ltd v Canterbury-Bankstown Council

[2017] NSWLEC 1568

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

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 appeal is upheld.

2. 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

3. 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.

4. 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)

Decision last updated: 03 May 2018