Cliff Rd Developments Pty Ltd v City of Parramatta Council
[2018] NSWLEC 1290
•15 June 2018
Land and Environment Court
New South Wales
Medium Neutral Citation: Cliff Rd Developments Pty Ltd v City of Parramatta Council [2018] NSWLEC 1290 Hearing dates: Conciliation conference on 1, 10, 24 May 2018; 7 June 2018 Date of orders: 15 June 2018 Decision date: 15 June 2018 Jurisdiction: Class 1 Before: Walsh C Decision: See [4] below
Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979
Land and Environment Court Act 1979Category: Principal judgment Parties: Cliff Rd Developments Pty Ltd (Applicant)
City of Parramatta Council (Respondent)Representation: Solicitors:
D Arraj, Blackstone Waterhouse Lawyers (Applicant)
C Drury, Sparke Helmore Lawyers (Respondent)
File Number(s): 2017/339411 Publication restriction: No
Judgment
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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”.
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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.
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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.
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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 Development Application DA/1127/2016 by substituting the following plans and documentation as the plans and documentation relied upon for the purpose of the development application:
Number
Rev
Title
Author
Date
A0.01
G
Drawing List/ Development Summary
Aplus Design Group
11.05.2018
A2.01
D
Basement 3
Aplus Design Group
11.05.2018
A2.02
D
Basement 2
Aplus Design Group
11.05.2018
A2.03
E
Basement 1
Aplus Design Group
11.05.2018
A2.04
G
Lower Ground Floor Plan
Aplus Design Group
11.05.2018
A2.05
I
Upper Ground Floor Plan
Aplus Design Group
11.05.2018
A2.06
E
Level 1-2
Aplus Design Group
11.05.2018
A2.06B
B
Level 3
Aplus Design Group
11.05.2018
A2.07
F
Level 4
Aplus Design Group
11.05.2018
A2.08
D
Level 5 – Communal Open Space
Aplus Design Group
11.05.2018
A2.09
E
Roof Plan
Aplus Design Group
11.05.2018
A3.01
F
North & South Elevations
Aplus Design Group
11.05.2018
A3.02
F
East & West Elevation
Aplus Design Group
11.05.2018
A4.01
E
Section A-A
Aplus Design Group
11.05.2018
A4.02
E
Section B-B
Aplus Design Group
11.05.2018
A4.05
A
Ramp Section
Aplus Design Group
11.05.2018
A4.10
A
Section C-C
Aplus Design Group
11.05.2018
A4.11
A
Section D-D
Aplus Design Group
11.05.2018
A6.04
C
Views from Sun
Aplus Design Group
11.05.2018
A6.05
C
Views from Sun
Aplus Design Group
11.05.2018
A7.01
F
Cross Ventilation / Solar Access Analysis
Aplus Design Group
11.05.2018
A7.02
D
Unit Schedule
Aplus Design Group
11.05.2018
A7.03
E
Communal Open Spaces
Aplus Design Group
11.05.2018
A7.04
F
Deep Soil Area Calculation
Aplus Design Group
11.05.2018
101
J
Landscape Plan Lower Ground – Ground
Site Image
10.05.2018
102
D
Landscape Plan Roof
Site Image
10.05.2018
501
J
Landscape Details
Site Image
10.05.2018
601
A
Landscape Sections
Site Image
10.05.2018
Pursuant to section 8.15 of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the costs of the Respondent thrown away as a result of amending the development application, as a lump sum of $12,500.00.
The appeal is upheld.
Development Application DA/1127/2016 for the demolition of existing structures, subdivision and construction of a five storey residential flat building above basement level parking at 33-35 Cliff Road, Epping, is approved subject to the conditions set out hereto in Annexure A.
……………………….
Peter Walsh
Commissioner of the Court
Annexure A (325 KB, pdf)
Annexure B (8.03 MB, pdf)
Decision last updated: 18 June 2018
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