Mackenzie Architects International Pty Ltd v Canterbury- Bankstown Council

[2017] NSWLEC 1084

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Mackenzie Architects International Pty Ltd v Canterbury- Bankstown Council [2017] NSWLEC 1084
Hearing dates:	Conciliation conference on 20 December 2016, 24 January 2017
Date of orders:	22 February 2017
Decision date:	22 February 2017
Jurisdiction:	Class 1
Before:	Martin SC
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:	Mackenzie Architects International Pty Ltd (Applicant) Canterbury- Bankstown Council (Respondent)
Representation:	Grant Christmas, Apex Law (Applicant) Peter Jackson, Pikes & Verekers Lawyers (Respondent)
File Number(s):	2016/280363
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. Leave is granted to the Applicant to rely on the following amended plans:

Drawing No.	Prepared by	Issue	Date
Cover Sheet 100	Mackenzie Architects	K	30/01/2017
Site & Roof 101	Mackenzie Architects	K	30/01/2017
Basement 102	Mackenzie Architects	K	30/01/2017
Ground Floor 103	Mackenzie Architects	K	30/01/2017
First Floor 104	Mackenzie Architects	K	30/01/2017
Second & Third Floors 105	Mackenzie Architects	K	30/01/2017
Elevations North & West 201	Mackenzie Architects	K	30/01/2017
Elevations South & East 202	Mackenzie Architects	K	30/01/2017
Sections 301	Mackenzie Architects	K	30/01/2017
Landscape Plan L01/1-K20118	Michael Siu	C	01/02/2017

2. Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent’s costs as agreed or as assessed.

3. The appeal is upheld.

4. Development consent is granted to DA408/2015 for the construction of a residential flat building comprising three x one bedroom and nine x two bedroom units with basement parking for nine vehicles on the land known as 89 Claremont Street and 2A Thorncraft Parade Campsie subject to the conditions at Annexure “A”.

…………….

Rosemary Martin

Senior Commissioner

280363.16 Annexure A (C) (67.1 KB, pdf) 

280363.16 Plans (7.20 MB, pdf)

Amendments

24 February 2017 - 'Before' changed to Martin SC