Designcorp Architecture Pty Ltd v City of Parramatta Council
[2017] NSWLEC 1692
•27 November 2017
Land and Environment Court
New South Wales
Medium Neutral Citation: Designcorp Architecture Pty Ltd v City of Parramatta Council [2017] NSWLEC 1692 Hearing dates: Conciliation conference on 24 November 2017 Date of orders: 04 December 2017 Decision date: 27 November 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: Designcorp Architects Pty Ltd (Applicant)
City of Parramatta Council (Respondent)Representation: Solicitor:
Ms R McCulloch, Pikes & Verekers Lawyers (Applicant)
Mr P Gough, Storey & Gough (Respondent)
File Number(s): 2017/255679 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 s34(3) of the Land and Environment Court Act 1979 are:
The appeal is upheld.
Development consent is granted to development application No. DA/925/2016 for the demolition of the existing building and the construction of a three and four storey aged care centre comprising 90 residential car places and basement parking for 39 vehicles and associated facilities at 128A Alfred Street and 40-46 Alice Street, Harris Park, subject to the conditions in Annexure A hereto.
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Senior Commissioner Martin
Annexure A (426 KB, pdf)
Decision last updated: 04 May 2018
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