Lichao Pty Ltd v City of Ryde Council

Case •

[2017] NSWLEC 1119

•

07 March 2017

No judgment structure available for this case.

Land and Environment Court


New South Wales

Medium Neutral Citation: Lichao Pty Ltd v City of Ryde Council [2017] NSWLEC 1119
Hearing dates: Conciliation Conference on 19 December 2016, 6 February, 14 February, 21 February and 2 March 2017
Date of orders: 07 March 2017
Decision date: 07 March 2017
Jurisdiction:Class 1
Before: Chilcott 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: Lichao Pty Ltd (Applicant)
City of Ryde Council (Respondent)
Representation: Vasili Conomos, Conomos Legal (Applicant)
Paul Kapetas, City of Ryde Council(Respondent)
File Number(s): 2016/280290
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. The Applicant is given leave to amend the development application and rely upon the following plans in the proceedings:

  1. DA 2.21 Issue 3 dated 21.02.2017

  2. DA 3.21 Issue 3 dated 21.02.2017

  3. DA 3.22 Issue 3 dated 21.02.2017

  4. DA 3.23 Issue 3 dated 21.02.2017

  5. DA 3.24 Issue 3 dated 21.02.2017

  6. DA 3.25 Issue 3 dated 21.02.2017

  7. DA 3.26 Issue 3 dated 21.02.2017

  8. DA 3.27 Issue 3 dated 21.02.2017

  9. DA 3.28 Issue 3 dated 21.02.2017

  10. DA 3.29 Issue 3 dated 21.02.2017

  11. DA 3.30 Issue 3 dated 21.02.2017

  12. DA 5.21 Issue 4 dated 21.02.2017

  13. DA 5.22 Issue 3 dated 21.02.2017

  14. DA 5.23 Issue 2 dated 21.02.2017

  15. DA 6.21 Issue 3 dated 21.02.2017

  16. DA 6.22 Issue 3 dated 21.02.2017

  17. DA 6.23 Issue 3 dated 21.02.2017

  18. Dwgs C1.00, C2.00, C2.01, C2.02 and C2.03 (Revision C dated 22.06.2016) and Dwgs C3.00 and C.301 (Revision B dated 22.06.2016).

  19. VG-DA-L1 Landscape plan dated July 2016

  1. The appeal is upheld.

  2. Development application DA 2016/0341 as amended by the plans referred to at direction 1 above, seeking approval for the demolition of existing structures and construction of a mixed use development incorporating 11 residential units and a ground level commercial/retail tenancy, is approved subject to the conditions in Annexure A.

  3. The Applicant is to pay the Respondent’s costs pursuant to Section 97B of the Environmental Planning and Assessment Act 1979 as agreed or assessed.

…………….

Michael Chilcott

Commissioner

280290.16 Annexure A (C) (211 KB, pdf)

280290.16 Approved Plans (3.34 MB, pdf)

280290.16 Approved Stormwater (5.22 MB, pdf)

Decision last updated: 08 March 2017

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