Colin de Lore and Associates Pty Limited v Canterbury-Bankstown Council

[2016] NSWLEC 1437

Land and Environment Court

New South Wales

Medium Neutral Citation:	Colin de Lore & Associates Pty Limited v Canterbury-Bankstown Council [2016] NSWLEC 1437
Hearing dates:	Conciliation conference on 5 July 2016
Date of orders:	26 September 2016
Decision date:	26 September 2016
Jurisdiction:	Class 1
Before:	Fakes C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION; Multi-storey boarding house; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Colin de Lore & Associates Pty Limited (Applicant) Canterbury-Bankstown Council (Respondent)
Representation:	Applicant: Mr P Jackson (Solicitor) Respondent: Mr A Seton (Solicitor)   Solicitors: Applicant: Pikes & Verekers Lawyers Respondent: Marsdens Law Group
File Number(s):	153783 of 2016
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, 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 Applicant is given leave to amend the development application by substituting the following plans as the plans relied upon for the purpose of the development application:

1. Plan submitted by Colin De Lore & Associates, comprising Drawing No. DA00 (Finishes Schedule), DA02, DA03, DA04, DA05, DA06, DA07, DA08, DA09, DA10, DA11, DA12 and DA13, Revision H, dated 24 August 2016, prepared by McCullum Ashby Architects

2. The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979 in the sum of $9,000 within 28 days of the date of these Orders.

3. The Appeal is upheld.

4. Development Application No. DA-928/2015 for the demolition of existing structures and the construction of a 9 storey building including ground floor café, first floor office premises, and a boarding house on floors two to eight including 18 boarding rooms, a caretakers/managers unit and a common room, with on-site car parking for five vehicles (one (1) car stacking system capable of accommodating four (4) car spaces, and a separate accessible car space at ground level) and four motorcycles at ground level and a bicycle rack at level 1 (first floor), on the land at Lot 56 in Deposited Plan 8252, 27 Kitchener Parade, Bankstown, be approved subject to the conditions of consent contained in Annexure “A” hereto.

__________________________

Judy Fakes

Commissioner of the Court

153783.16 Fakes (C) (228 KB, pdf)