Cliff Rd Developments Pty Ltd v City of Parramatta Council

[2018] NSWLEC 1290

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 1979
Category:	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

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 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

2. 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.

3. The appeal is upheld.

4. 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)