Hang Ruan v Canterbury-Bankstown Council

[2016] NSWLEC 1383

Land and Environment Court

New South Wales

Medium Neutral Citation:	Hang Ruan v Canterbury-Bankstown Council [2016] NSWLEC 1383
Hearing dates:	Conciliation conference on 22 July 2016
Date of orders:	02 September 2016
Decision date:	02 September 2016
Jurisdiction:	Class 1
Before:	Hussey AC
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: Demolition of existing structures of construction of a multi unit development building depth. Separation, setback, access, conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	HANG RUAN (Applicant) CANTERBURY-BANKSTOWN COUNCIL (Respondent)
Representation:	Solicitor: Mr V Conomos, Conomos Legal (Applicant) Mr A Seton, Marsdens Law Group (Respondent)
File Number(s):	2016/160474
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:

Drawing Title	Drawing No.	Revision	Prepared by	Dated
Site/Roof Plan	DA 1.01	4	JSA Studio Architects	25.07.2016
GFA Calculations	DA 2.01	4	JSA Studio Architects	25.07.2016
Landscape Calculations	DA 2.02	4	JSA Studio Architects	25.07.2016
Parking Floor Plan	DA 3.01	5	JSA Studio Architects	25.07.2016
Ground Floor Plan	DA 3.02	4	JSA Studio Architects	25.07.2016
Block A – Level 1 Floor/ Block B – Attic Floor	DA 3.03	4	JSA Studio Architects	25.07.2016
Unit Type Plans - Adaptable	DA 3.50	4	JSA Studio Architects	25.07.2016
Driveway Plan	DA 4.00	2	JSA Studio Architects	25.07.2016
Driveway Sections	DA 4.01	2	JSA Studio Architects	25.07.2016
Section 1	DA 5.01	4	JSA Studio Architects	25.07.2016
Sections 2 and 3	DA 5.02	5	JSA Studio Architects	25.07.2016
East Elevation	DA 6.01	4	JSA Studio Architects	25.07.2016
West Elevation – Street Elevation	DA 6.02	3	JSA Studio Architects	25.07.2016
North Elevation	DA 6.03	5	JSA Studio Architects	25.07.2016
South Elevation	DA 6.04	5	JSA Studio Architects	25.07.2016
Shadow Diagrams – Existing Mid Winter 21 June	DA 8.00	4	JSA Studio Architects	25.07.2016
Shadow Diagrams – Proposed Mid Winter 21 June	DA 8.01	4	JSA Studio Architects	25.07.2016
Views from the Sun – Proposed Mid Winter 21 June	DA 8.02	5	JSA Studio Architects	25.07.2016
Views from the Sun – Proposed	DA 8.03	4	JSA Studio Architects	25.07.2016
Views from the Sun – Proposed	DA 8.04	4	JSA Studio Architects	25.07.2016
Elevational Shadow Diagrams 5 Defoe Street	DA 8.05	1	JSA Studio Architects	19.07.2016

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 as agreed or assessed.

3. The Appeal is upheld.

4. Development Application No. DA-72/2016 for the demolition of existing structures and construction of a multi unit development consisting of 3 x part two and part one storey dwellings and 1 x one storey dwelling containing 2 bedrooms over basement parking for 6 cars and storage is approved subject to the conditions of consent contained in Annexure “A” hereto.

…………….

Acting Commissioner Hussey

160474.16 Hussey (C) (227 KB, pdf)