Laushing Investment Pty Ltd v Parramatta City Council

[2016] NSWLEC 1344

Land and Environment Court

New South Wales

Medium Neutral Citation:	Laushing Investment Pty Ltd v Parramatta City Council [2016] NSWLEC 1344
Hearing dates:	Conciliation conference on 29 February 2016
Date of orders:	18 August 2016
Decision date:	18 August 2016
Jurisdiction:	Class 1
Before:	Fakes C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION; multi-storey mixed use building with boarding house and commercial premises; urban design issues; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Laushing Investment Pty Ltd (Applicant) Parramatta City Council (Respondent)
Representation:	Applicant: Ms J Reid (Barrister) Respondent: Mr A Seton (Solicitor)   Solicitors: Wiltshire Webb Staunton Beattie Lawyers (Applicant) Marsdens Law Group (Respondent)
File Number(s):	152440 of 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 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 N0	Dated
A100, Cover page, Issue G, prepared by Gus Fares Architects	June 2016
A101, Site plan/ site analysis/ calculation, Issue G, prepared by Gus Fares Architects	June 2016
A103, Elevations/ sections, Issue G, prepared by Gus Fares Architects	June 2016
A104, Shadow Diagrams/ section/ communal living room solar access, Issue G, prepared by Gus Fares Architects	June 2016
A105, Area calculation/ street view, Issue G, prepared by Gus Fares Architects	June 2016

2. The appeal is upheld.

3. Development consent is granted to Development Application No. DA 60/2014 for the demolition of an existing commercial building and construction of a four (4) storey mixed use building containing commercial premises on the ground floor and a boarding house above subject to the conditions of consent annexed hereto and marked “A”.

The Court notes the agreement there be no order as to costs.

____________________________

Judy Fakes

Commissioner of the Court

152440.16 Fakes (C) (369 KB, pdf)