KWH Developments Pty Ltd v Parramatta City Council

[2017] NSWLEC 1000

Land and Environment Court

New South Wales

Medium Neutral Citation:	KWH Developments Pty Ltd v Parramatta City Council [2017] NSWLEC 1000
Hearing dates:	Conciliation conference on 30 September, 24 October, 29 November, 6 December 2016
Date of orders:	03 January 2017
Decision date:	03 January 2017
Jurisdiction:	Class 1
Before:	Morris 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:	KWH Developments Pty Ltd (Applicant) Parramatta City Council (Respondent)
Representation:	Solicitors: Mr J McKee McKees Legal Solutions (Applicant) Ms K Morton Sparke Helmore Lawyers(Respondent)
File Number(s):	188219/2016
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 granted leave to rely upon amended plans referred to in Condition 1 of the attached conditions annexed hereto at ‘A’.

2. The Applicant is to pay the Respondent’s costs ‘thrown away’ in a sum as agreed or assessed pursuant to s97B of the Environmental Planning and Assessment Act 1979.

3. The appeal is upheld.

4. Development Application No. DA366/2016HB which was refused by the Respondent on 24 December 2015 for the demolition of existing structures, consolidation of two lots and construction of a multi-dwelling housing development containing 12 x 3 bedroom dwellings and basement car parking in accordance with the State Environmental Planning Policy (Affordable Rental Housing) 2009 is approved subject to the conditions contained in Annexure “A” hereto.

…………….

Sue Morris

Commissioner

188219.2016 (C Annexure A) (310 KB, pdf)

188219.16 Morris - Plans (9.69 MB, pdf)