Eddie Tran v City of Canada Bay Council

[2017] NSWLEC 1264

Land and Environment Court

New South Wales

Medium Neutral Citation:	Eddie Tran v City of Canada Bay Council [2017] NSWLEC 1264
Hearing dates:	Conciliation conference on 27 April 2017
Date of orders:	26 May 2017
Decision date:	26 May 2017
Jurisdiction:	Class 1
Before:	Dixon C
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:	Eddie Tran (Applicant) Canada Bay City Council (Respondent)
Representation:	Solicitor: Mr G Christmas, Apex Planning & Environment Law (Applicant) Mr P Jackson, Pikes Lawyers (Respondent)
File Number(s):	2016/376840
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. Leave is granted to the Applicant to rely on the following amended plans:

Drawing No.	Prepared by	Issue	Date
Site Plan A0.00	Aplus Design Group	11	22 May 2017
Basement A1.00	Aplus Design Group	11	22 May 2017
Ground Floor A1.01	Aplus Design Group	11	22 May 2017
Level 1 A1.02	Aplus Design Group	11	22 May 2017
Level 2 A1.03	Aplus Design Group	11	22 May 2017
Roof Plan A1.04	Aplus Design Group	11	22 May 2017
South Elevation A2.01	Aplus Design Group	9	22 May 2017
North Elevation A2.02	Aplus Design Group	9	22 May 2017
East and West Elevations A2.03	Aplus Design Group	9	22 May 2017
Streetscape Elevations A2.04	Aplus Design Group	10	22 May 2017
Section AA A3.01	Aplus Design Group	9	22 May 2017
Section BB A3.03	Aplus Design Group	6	22 May 2017
Landscape Plan Drawing 893 L-01 C	Site Design + Studios	C	3 May 2017
Landscape Plan Drawing 893 L-02	Site Design + Studios	C	3 May 2017
Stormwater Drainage Plans marked Project No. 16007, Drawings Nos. C1.01, C2.02, C4.01, C2.01, C3.01, C3.02, C4.02 and C5.01	Rafeletos Zanuttini Consulting Engineers	A, D, E	23.06.2011 24.11.2016
BASIX Certificate and Thermal Comfort & Basix Report	Efficient Living	-	18 May 2017

2. The appeal is upheld.

3. Development consent is granted to DA No. 2016/0279 as amended for the demolition of the existing dwelling and the construction of an attached dual occupancy development with basement parking and storage at Lot 84 DP 3859 known as No. 27 St Georges Crescent, Drummoyne subject to the conditions at Annexure “A”.

……………………….

Commissioner Dixon

376840.16 Dixon - Plans (5.08 MB, pdf)

376840.16 Dixon (C) (340 KB, pdf)