Pan v Canterbury Bankstown Council

[2016] NSWLEC 1515

Land and Environment Court

New South Wales

Medium Neutral Citation:	Pan v Canterbury Bankstown Council [2016] NSWLEC 1515
Hearing dates:	Conciliation conference on 9 June, 12 July, 8 August, 10 & 28 October 2016
Date of orders:	31 October 2016
Decision date:	31 October 2016
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:	Shuhui Pan (Applicant) Canterbury Bankstown Council (Respondent)
Representation:	Solicitors: Mr V Conomos Conomos Legal (Applicant) Ms P Hudson Marsdens Law Group (Respondent)
File Number(s):	155256/2016
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 and documents as the plans and documents relied upon for the purpose of the development application:

Drawing No.	Drawing Title	Prepared by	Revision	Dated
A 0020	Unit Schedule	Ghazi Al Ali Architect	D	04/08/2016
A 1000	Site Analysis	Ghazi Al Ali Architect	C	21/06/2016
A 1010	Site Plan	Ghazi Al Ali Architect	C	21/06/2016
A 1050	GFA Calculation	Ghazi Al Ali Architect	I	04/08/2016
A 1051	Solar Access Study	Ghazi Al Ali Architect	I	04/08/2016
A 1052	Cross-Ventilation Study	Ghazi Al Ali Architect	I	04/08/2016
A 1053	Affordable Housing	Ghazi Al Ali Architect	F	04/07/2016
A 1054	Landscape	Ghazi Al Ali Architect	D	04/07/2016
A 1055	Storage Diagram	Ghazi Al Ali Architect	D	04/07/2016
A 1056	Solar Access Study to Communal Open Space	Ghazi Al Ali Architect	A	04/07/2016
A 1101	Demolition Plan	Ghazi Al Ali Architect	B	21/06/2016
A 1102	Streetscape Analysis	Ghazi Al Ali Architect	K	15/08/2016
A 1200	Basement 01	Ghazi Al Ali Architect	I	04/07/2016
A 1201	Ground Floor Plan	Ghazi Al Ali Architect	K	15/08/2016
A 1202	Level 01	Ghazi Al Ali Architect	I	04/07/2016
A 1203	Level 02	Ghazi Al Ali Architect	K	15/08/2016
A 1204	Level 03	Ghazi Al Ali Architect	K	15/08/2016
A 1205	Roof Plan	Ghazi Al Ali Architect	K	15/08/2016
A 1300	Shadow Diagram 9.00AM to 11.00AM – 21 June Winter Solstice	Ghazi Al Ali Architect	G	04/07/2016
A 1301	Shadow Diagram 12.00PM to 2.00PM – 21 June Winter Solstice	Ghazi Al Ali Architect	G	04/07/2016
A 1302	Shadow Diagram 15.00PM – 21 June Winter Solstice	Ghazi Al Ali Architect	G	04/07/2016
A 1303	Shadow Diagram Analysis	Ghazi Al Ali Architect	G	04/07/2016
A 1304	Shadow Diagram Analysis in 3D – 27-29 Perry Street, Campsie	Ghazi Al Ali Architect	C	04/07/2016
A 1305	Shadow Diagram Analysis in 3D – 33 Perry Street, Campsie	Ghazi Al Ali Architect	C	04/07/2016
A 1306	Shadow Diagram Analysis in 3D – 21 June Winter Solstice	Ghazi Al Ali Architect	E	15/08/2016
A 1306(1)	Shadow Diagram Analysis in 3D – 21 June Winter Solstice	Ghazi Al Ali Architect	C	15/08/2016
A 1307	Shadow Diagram Analysis in 3D – Shadow to 27-29 Perry Street	Ghazi Al Ali Architect	C	15/08/2016
A 1308	Shadow Diagram Analysis in 3D – Shadow to 33 Perry Street, Campsie	Ghazi Al Ali Architect	C	15/08/2016
A 1400	Elevations	Ghazi Al Ali Architect	K	15/08/2016
A 1401	Elevations	Ghazi Al Ali Architect	K	15/08/2016
A 1500	Sections	Ghazi Al Ali Architect	K	15/08/2016
A1600	Material Schedule	Ghazi Al Ali Architect	K	15/08/2016
A1601	Material Schedule	Ghazi Al Ali Architect	K	15/08/2016
A 2000	Perspectives	Ghazi Al Ali Architect	A	04/07/2016

Document	Prepared by	Dated
Amended Statement of Environmental Effects	Willana Associates	August 2016
BCA & Access Compliance Assessment Report	Certified Building Specialists	15 August 2016
SEPP 65 Design Verification Statement	Ghazi Al Ali Architect	Undated
BASIX Certificate No. 598469M_05	14 August 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 consent is granted to Development Application No. DA 617/2014 for demolition of existing structures and construction of a 3 storey plus attic residential flat building containing 11 apartments (1 studio, 2x 1 bedrooms, 1x 1 bedroom plus study, 5x 2 bedrooms, 2x 3 bedrooms), over basement car parking containing 10 parking spaces on the land known as 31-31A Perry Street, Campsie subject to the conditions of consent annexed hereto and marked “A”.

…………….

Sue Morris

Commissioner

155256.16 - Annexure A (97.3 KB, pdf)