Farrugia v City of Parramatta Council

[2018] NSWLEC 1690

Land and Environment Court

New South Wales

Medium Neutral Citation:	Farrugia v City of Parramatta Council [2018] NSWLEC 1690
Hearing dates:	13 December 2018
Date of orders:	24 December 2018
Decision date:	24 December 2018
Jurisdiction:	Class 1
Before:	O’Neill C
Decision:	See [6] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties.
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	David Anthony Farrugia (Applicant) City of Parramatta Council (Respondent)
Representation:	Counsel: P Clay SC (Applicant)   Solicitors: Macquarie Lawyers (Applicant) A Gough, Storey & Gough Lawyers (Respondent)
File Number(s):	2018/176520
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by the City of Parramatta Council (the Council) of Development Application No. 919/2017 for the construction of a two-storey dwelling with a detached double garage (the proposal) at 6A Lansdowne Street, Parramatta.

2. The Court arranged a conciliation conference under s 34AA(2)(a) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which has been held on 13 December 2018. I presided over the conciliation conference.

3. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties, based on amendments made to the proposal.

4. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision, if the parties’ decision is a decision that the Court could have made in the proper exercise of its functions. The parties’ decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the Development Application.

5. I am satisfied that the parties’ decision is one that the Court could have made in the proper exercise of its functions. I have considered the effect of the proposal on the heritage significance of the heritage conservation area pursuant to cl 5.10(4) of the Parramatta Local Environmental Plan 2011 and I am satisfied that the amendments made to the form of the roof results in a proposal that successfully respects the established scale of the heritage conservation area. As the parties’ decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties’ decision.

Orders

6. The orders of the Court are:

1. The applicant is granted leave to amend the application, to rely on the documentation listed at condition 1 of the conditions of consent at Annexure A.

2. The appeal is upheld.

3. Development Application No. 919/2017 for the construction of a two-storey dwelling with a detached double garage at 6A Lansdowne Street, Parramatta, is approved, subject to the conditions of consent at Annexure A.

____________

Susan O’Neill

Commissioner of the Court

Annexure A (196 KB, pdf)

Annexure B (4.09 MB, pdf)

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